Former federal appellate Judge J. Michael Luttig assailed his former law clerk John Eastman on Thursday for advancing a far-flung legal theory that the vice president had unilateral authority to ...

The merits and pitfalls of originalist interpretation of the US Constitution were the focus at the November 19 installment of ...

Paul Schiff Berman, Walter S. Cox Professor of Law, George Washington University Law School Paul Schiff Berman is one of the world’s foremost theorists on the interactions among legal systems. He is ...

Part II of The Collective-Action Constitution develops a collective-action theory of the Constitution's federal structure and identifies limits of this theory. Chapter Three examines the states' ...

Originalist legal commentator Josh Blackman joins Supreme Court Brief to discuss the rise of originalism from a fringe legal theory to the dominant method of interpreting the Constitution in today's ...

In 1987, the last time the Senate voted to reject a president’s pick for the Supreme Court, a constitutional theory seemingly went down with the nominee. Robert Bork, Ronald Reagan’s ill-fated choice, ...

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The Supreme Court said Tuesday that the North Carolina Supreme Court did not violate the elections clause of the US Constitution when it invalidated the state’s 2022 congressional map, rejecting a ...

Law professor Jessie Hill’s article, “(Dis)Owning Religious Speech” recently was published in the George Mason Law Review. In addition, she presented a paper titled “Resistance to Constitutional ...

Advocates of critical race theory (CRT) are correct to point out that it was originally an academic theory generated in law schools, but CRT’s opponents have been too slow to understand the full ...