There is general agreement that art is protected by the First Amendment. But what is art? As the nature of art has itself radically evolved, the notoriously unanswerable question

has become even knottier. Courts have addressed the issue with a mélange of old fashioned and ill fitting criteria, but one Supreme Court dissenter has proffered [...]

In TJI: WAN, Lyndsey Stonebridge weaves a multi-faceted reminiscence of how twentieth-century literary and philosophical authors like Hannah Arendt, Rebecca West, and Iris

Murdoch “forge[d] new literary idioms of judgment in their post-war encounters with the law.”Living and writing during the Nazi war crime trials, these astute [...]

This article examines the rhetoric used in the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization to describe the decisions it overruled. We ask whether

that rhetoric marked a stark departure in the way the Court has treated other cases in which precedent was overturned. [...]

Can a holding by the U.S. Supreme Court interpreting a provision of the U.S. Constitution—which holding the Court never reversed or qualified—ever be treated as a nullity

by lower courts? Suppose the reasoning on which that holding stands has come to be recognized as so unsound, so contradicted by every interpretive theory one could [...]

It is axiomatic that American prosecutors possess significant discretion. What varies among prosecutors is how they use their discretion. How they use their discretion derives

from how prosecutors perceive their role. Different prosecutors perceive their role differently. [...]

The works and ideas of Jorge Luis Borges have had a major impact on literature, movies, art, philosophy, and pop culture. His influence in these areas has been documented and

studied. To date, however, there has been no significant effort to catalog or discuss the impact Borges has had on legal scholarship. [...]

During the Vietnam conflict presidents Lyndon Johnson and Richard Nixon wielded war powers without congressional declarations of war. The legislature and judiciary more or

less deferred to these “Imperial Presidents” rather than check or balance their war policies. [...]

By express and implied reservation, the Constitution permits states to wage defensive war and take other military action in response to invasion, insurrection, and transnational

criminal gangs. This article examines the under-researched area of state war powers and how they interact with federal military and other foreign affairs powers. [...]

The Constitution’s Origination Clause requires the House of Representatives, the chamber considered closest to the people, to originate all bills for raising revenue. This

clause allows Senate amendments to these bills. However, may Senate amendments completely replace House revenue bills with new revenue bills, as occurred with the [...]

Section 3 of the Fourteenth Amendment provides in part that anyone who takes an oath as an officer of the United States to support its Constitution but engages in insurrection

may not hold any civil or military office under it until Congress removes the disability by a two-thirds vote of each House. [...]