The Fifth Circuit Court of Appeals announced on November 7 that it will rehear a case called Brackeen v. Bernhardt that weighs the constitutionality of the Indian Child Welfare Act (ICWA).
June
2025
Constitutional Law
Eric Segall’s Originalism as Faith is a quick, easily-digestible summary of the conventional wisdom about the Supreme Court’s relationship to original meaning for large portions of the legal academy.
The equal state sovereignty principle may be “our historic tradition,” but it is an ill-defined, unexplored, and ambiguous one.
Over the past three decades, legal academics have mounted a sustained attack on the traditional liberal idea that judges protect minority rights against majority will.
When the House of Representatives’ chaplain Reverend Patrick Conroy was dismissed in April 2018, theories as to why he was fired abounded.
When Americans break the law—whether it’s a minor offense like littering or a serious crime like felony assault—they tend to face the same financial penalties, no matter their income.
Brent Tyrrell worked for railroads all his life. When he was working for BNSF, a multibillion-dollar company and one of the largest railroads in North America, Brent developed terminal kidney cancer, allegedly as a result of his on-the-job exposure to harmful industrial chemicals.
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) established the current regime under which federal courts address petitions for a writ of habeas corpus by state prisoners.
At the end of the October 2014 term, the Supreme Court decided a seemingly mundane case involving municipal sign ordinances.