In this Essay, Prof. John J. Martin of the University of Virginia School of Law argues for a Congressional Incapacity Amendment to the Constitution, modeled on the Twenty-Fifth Amendment's provisions for Presidential incapacity.
In this Essay, Prof. Jacob D. Charles of Pepperdine University Caruso School of Law considers the use of history and tradition in firearm regulation following the Supreme Court's Bruen decision. He argues that courts should use an "Abstraction Approach" in considering historical analogues to modern regulations.
In this Essay, Judge Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit considers appellate courts' use of information from outside the factual record, i.e. "non-adjudicative facts," when making decisions. Although this practice is commonplace and often harmless, the Essay notes the greater potential for incorrect conclusions when relying on facts outside the record. It urges judges to use non-adjudicative facts with caution, and carefully verify them to avoid serious error.
Class actions are plagued by poor communication between class counsel and the masses of unnamed class members. In this Essay, Professors Alissa del Riego and Joseph Avery propose that these barriers be overcome by using the new technical capabilities of artificial intelligence, and by adding an express duty to communicate to the Federal Rules of Civil Procedure.
