American habeas corpus, long conventionally known as the Great Writ of Liberty, is more properly understood as the Great Writ of Popular Sovereignty—a tool for We the People to insist that when our agents in government exercise our delegated penal powers, they remain faithful to our sovereign will. Once we grasp this conceptual shift, the…
Chapter 11 of the Bankruptcy Code is often justified by vague assertions that reorganizing troubled companies is in the “public interest.” There has, however, been surprisingly little effort to consider seriously what this public interest is, how it should be operationalized, or who should pay for it. Based on a case study of the controversial…
Tens of thousands of students in K-12 schools suffer sexual harassment each year. While presidential administrations and Congress have proposed reforms to Title IX to tackle this problem, the potential of Section 1983 Equal Protection Clause claims to protect students from and remedy their sexual harassment has gone overlooked. Not only does the Equal Protection…
While standing doctrine has traditionally been rooted in Article III’s Case or Controversy requirement, there is growing support for the view that limits on plaintiffs’ standing stem instead from the President’s Article II duty to “take Care that the Laws be faithfully executed.” Proponents of this theory argue that private enforcement actions unconstitutionally interfere with…
