It would be difficult to overstate the centrality of Brown v. Board of Education to American law and life. Legal scholars from across the ideological spectrum have lavished more attention on that Supreme Court decision than any other issued during the last century. In recent decades, the standard account of Brown has placed that most-scrutinized…
At the start of the twentieth century, women made up a small proportion of shareholders in American publicly traded companies. By 1956, women were the majority of individual shareholders. Although this change in shareholder gender demographics happened gradually, it was evident early in the century: Before the 1929 stock market crash, women shareholders had come…
The Fourth Amendment requires that warrants be supported by “Oath or affirmation.” Under current doctrine, a police officer may swear the oath to obtain a warrant merely by repeating the account of an informant. This Article shows, however, that the Fourth Amendment, as originally understood, required that the real accuser with personal knowledge swear the…
In broad terms, the Vacancies Act authorizes the temporary service of non-Senate-confirmed leaders (commonly called “actings”), while the de facto officer doctrine allows courts to validate the past acts of improperly serving officials. This Note examines whether, when, and how the de facto officer doctrine has applied and should apply to the past acts of…
