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Volume 63, Issue 5


The Objects of the Constitution

by  Nicholas Quinn Rosenkranz

The Constitution empowers and restricts different officials differently. A constitutional claim is a claim that a particular government actor has exceeded a grant of power or transgressed a restriction. But because different government actors are vested with different powers and bound by different restrictions, one cannot determine whether the Constitution has been violated without knowing who has allegedly violated it.…


The Lost Origins of American Fair Employment Law

Regulatory Choice and the Making of Modern Civil Rights, 1943-1972
by  David Freeman Engstrom

By the time Congress enacted Title VII of the Civil Rights Act of 1964, roughly two dozen states had already passed fully enforceable employment discrimination laws and engaged in nearly two decades worth of enforcement efforts. But this early state-level scheme was very different from what most lawyers know as Title VII. Title VII vests primary enforcement…


Measuring the Effects of Specialization with Circuit Split Resolutions

by  Eric Hansford

The standard measure of a federal circuit court’s judicial performance is its reversal rate—how often the Supreme Court reverses the circuit when reviewing decisions from that circuit. This Note introduces an alternative way to measure circuit performance: circuit split resolutions. When circuits disagree (“split”), the Supreme Court often intervenes to resolve the issue. Even though several circuits might…


The Substance of Punishment Under the Bill of Attainder Clause

by  Anthony Dick

This Note argues that the hallmark of illegal punishment under the Bill of Attainder Clause is the targeted deprivation of life, liberty, or property. While many have highlighted the due process function of prohibiting legislative punishment, no commentator has paid adequate attention to the substantive rights that this prohibition was designed to protect. The result has been widespread…


Plenary No Longer

How the Fourteenth Amendment "Amended" Congressional Jurisdiction-Stripping Power
by  Maggie McKinley

This Note proposes a solution to the long-standing debate among federal courts scholars as to where to draw the limits of congressional power to strip appellate jurisdiction from the Supreme Court and to strip original jurisdiction from the lower federal courts. Although the Supreme Court has rarely addressed the possibility of limitations on congressional jurisdiction-stripping power, the few determinative…