State Greenhouse Gas Emissions Disclosure Laws and the Dormant Commerce...
Misleading corporate claims about greenhouse gas emissions pose a high risk of consumer deception, as there is currently no uniform federal standard governing how companies must measure or disclose...
View ArticleState Constitutional Rights and Judicial Power
On the one hand, we are in a moment when interest in state courts and state constitutional law is growing. Especially, though not exclusively, among those who question the Supreme Court of the United...
View ArticleState Constitutionalism's Fragile Wall
The adequate and independent state grounds (AISG) doctrine has long demarcated the perimeter of the U.S. Supreme Court’s authority to review state court decisions, limiting review to questions of...
View ArticleGeduldig's Footnote: Five-Plus Decades of State Courts Reckoning with Federal...
In Geduldig v. Aiello (1974), the U.S. Supreme Court held that pregnancy discrimination does not constitute sex discrimination. The decision’s constitutional logic has recently been applied in Dobbs...
View ArticleNew Judicial Federalism at the Crossroads: Observations of State...
Jurists nationwide are engaged in robust conversations about state constitutionalism and the degree to which their state constitutions are more protective of individual rights than is the United...
View ArticleTextual (In)Difference in State Search-and-Seizure Provisions
Over the past 250 years, state constitutional drafters have refined the scope of rights and liberties protected by their constitutions’ texts. Today, all state constitutions include a...
View ArticleCourt Reform and State Constitutions
State legislatures regularly propose and enact laws that seek to shape the substantive outcomes of state courts. These maneuvers, including court-packing, jurisdiction-stripping, and more creative...
View ArticleChild Labor and State Constitutionalism
Almost ninety years after Congress banned “oppressive” child labor as part of the Fair Labor Standards Act, employers are pushing state legislatures to let them put children to work in dangerous...
View ArticleThe New Economic Liberties
Despite the lack of serious interrogation at the federal constitutional level of economic regulations, there continues to be a fairly robust, energetic attention at the level of state constitutional...
View ArticleForeword: Fifty-One Constitutions in an Evolving Federal Order
On November 6 and 7, 2025, the Northwestern University Law Review, along with the Brennan Center for Justice and State Court Report, convened for its annual symposium, titled The Power of State...
View ArticleA Tale of Two Credits: The Post-Nestlé Alien Tort Statute and Carbon Credit...
As companies increasingly embrace carbon-neutrality commitments, many rely on the voluntary carbon market to offset their emissions rather than reduce them directly. Regulatory and consumer scrutiny...
View ArticlePlace Names and Presidential Control
Since the start of his second term, President Trump has issued executive orders at an extraordinary pace, using them to advance a broader ideological agenda across the administrative state. While...
View ArticleWhat the Free-Roaming Cats Dragged In: Regulatory Concerns with Privatized...
The United States entrusts local governments to provide citizens with a wide range of public services, and animal control makes up a small but essential piece of these local responsibilities. In...
View ArticleThe Ex Parte Young Cause of Action: A Riddle, Wrapped in a Mystery, Inside an...
Ex parte Young ushered in a new era of the American judicial system. Most famously, the decision allowed plaintiffs, in certain circumstances, to sue state officials without having to worry about...
View ArticleShould Judicial Opinions Be Read Like Statutes?
Should judicial opinions be interpreted with an eye to their purpose, context, or the intent of their authors, or should interpreters focus on the ordinary meaning of the text? Opinions present the...
View ArticleDisproportionate Influence: Rethinking Control in American Corporate Governance
Corporate law has undergone a gradual transformation. Founding chief executive officers (“founder-CEOs”) and activist hedge funds increasingly dominate leading American corporations despite owning...
View ArticleThe Military Officer's Oath to Disobey Lawful but Unethical Orders
How should a military officer respond to a lawful yet unethical order, unethical in the sense that it conflicts with their professional responsibilities? Army culture, scholarship, and doctrine regard...
View ArticleThe Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment
Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent agency rulemaking in the White...
View ArticleDoes Textualism Constrain Supreme Court Justices?
A principal justification for textualism is the constraint hypothesis. Conservative Justices and leading textualist scholars contend that—in stark contrast to reliance on legislative history—focus on...
View ArticleUnveiling the Patent Landscape of Biologic Drugs
It is undeniable that the escalating price of biopharmaceuticals is a critical issue, as high prices limit patients’ access to life-saving medications and strain our healthcare system. Biologics, or...
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