View PDF ARTICLE RELIGIOUS LIBERTY AND JUDICIAL DEFERENCE Mark L. Rienzi* Many of the Supreme Court’s most tragic failures to protect constitutional rights—cases like Plessy v. Ferguson, Buck v. Bell, and Korematsu v. United States—share a common approach: an almost insuperable judicial deference to the elected branches of government.  In the modern era, this approach […]

NOTE “A SWORD IN THE BED”: BRINGING AN END TO THE FUSION OF LAW AND EQUITY Brooks M. Chupp* INTRODUCTION The procedural distinction between law and equity in the United States is largely a historical footnote in the present day.  David Dudley Field, the notorious lawyer who advocated for the end to the distinction between […]

View PDF BOOK REVIEW RECOVERING CLASSICAL LEGAL CONSTITUTIONALISM: A CRITIQUE OF PROFESSOR VERMEULE’S NEW THEORY Jeffrey A. Pojanowski* & Kevin C. Walsh** COMMON GOOD CONSTITUTIONALISM: RECOVERING THE CLASSICAL LEGAL TRADITION. By Adrian Vermeule. Polity Press. 2022. INTRODUCTION Professor Adrian Vermeule has provoked renewed interest in the relationship between the classical natural law tradition and the […]

View PDF ARTICLE INTERPRETING STATE STATUTES IN FEDERAL COURT Aaron-Andrew P. Bruhl* This Article addresses a problem that potentially arises whenever a federal court encounters a state statute.  When interpreting the state statute, should the federal court use the state’s methods of statutory interpretation—the state’s canons of construction, its rules about the use of legislative […]