Judicial Review

We live in a republic of amended statutes. In each Congress, our laws are amended tens of thousands of times. Individual statutes make amendments that number in the thousands. As a result, the amended statute has become the central democratic text of our age—a remarkable development for a type of document unknown at the Founding. Yet the amended statute has been relegated to an afterthought in legal theory. This is incredible neglect for an essential source of modern law—one that anchors innumerable rights in U.S. society. In this Article, Jesse M. Cross demonstrates that, instead, the amended statute belongs at the center of public law. To that end, he undertakes three projects with respect to the amended statute: documenting, theorizing, and interpreting.

The 2022 FIFA World Cup is in full swing, and while no one knows what the results of the games will be, we do know one thing: no matter who wins, there will be people mad at the referees.

The Court in Seila Law LLC v. Consumer Financial Protection Bureau did not hold that the restriction on presidential removal of the Consumer Financial Protection Bureau (CFPB) director was unconstitutional. At least, it did not do so according to standard principles of stare decisis and the orthodox account of the law of judicial review—the legal principles under which courts implement the hierarchical superiority of the Constitution to all other legal norms.

The “little agency that can’t,” an “impotent joke,” and “worse than dysfunctional.”

The Facebook Oversight Board (the “FOB”) will see you now—well, at least a very small number of a select subset of you.