Last summer, the D.C. Circuit upheld a statute that gives the President the power to remove judges of the United States Tax Court. 1 Kathleen and Peter Kuretski, a taxpayer couple, had challenged the ...

In Suits at common law . . . the right of trial by jury shall be preserved . . . . 1 The Seventh Amendment requires juries in federal common law suits that historically would have used juries. 2 Yet, ...

118 Yale L.J. 1900 (2009). Recent surveys and events indicate that judicial corruption could be a significant problem in the United States. This Note builds an economic model of bribery to better ...

abstract. A fatal conflict in the legal definition of family lurks at the intersection of family law and zoning law. Family law doctrines have increasingly embraced the claims of “functional families” ...

abstract. In recent articles, a number of scholars have cast doubt on the originalist enterprise of reviving the nondelegation doctrine. In the most provocative of these, Julian Mortenson and Nicholas ...

abstract. Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many ...

abstract. In Prisoners of Politics, Rachel Barkow convincingly argues that the criminal-justice system is deeply broken: the United States’s incarceration rate is the highest in the world, and there ...

abstract. Common wisdom has it that bureaucrats are unaccountable to the people they regulate and must therefore be closely supervised by elected officials or (perhaps ironically) the federal courts.

When Congress creates a statutory cause of action, some required elements of that cause of action may be considered “jurisdictional,” while others may not. The difference between jurisdictional and ...

abstract. Two doctrines—the religious-question doctrine and the sincerity doctrine—control the evaluation of religious-accommodation claims. According to these doctrines, courts evaluating ...

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abstract. This Feature deepens and seeks to provide a foundation for the current broadening in the anti-trust debate and, ultimately, in adjacent areas relating to market organization. As normative ...