Justice Brett Kavanaugh's confirmation to replace Justice Anthony Kennedy on the Supreme
Court was a seismic event for constitutional 1aw and for the American political system. The …

The Supreme Court routinely decides whether particular governmental arrangements
contravene" the separation of powers." 1 Such cases touch on questions as diverse and …

Self-help doctrines pervade the law. They regulate a legal subject's attempts to cure or
prevent a perceived wrong by her own action, rather than through a mediated process. In …

We hold certain truths of the federal judiciary to be self-evident. Article III judges are entitled
to life tenure and salary protections, and cannot be removed outside the impeachment …

With this framework in view, the structure and scope of non-Article III adjudication becomes
clearer. Some courts exercise the judicial power of some other government. This is why …

Reports of Section Three's demise are greatly exaggerated. It turns out that Section Three of
the Fourteenth Amendment remains of direct and dramatic relevance today-a vital, fully …

Over the past six decades, the term'judicial activism" has become an immensely popular tool
for criticizing judges' behavior. Despite the term's prominence, however, its meaning is …

The practices of governmental institutions since the constitutional Founding are a potential
source of normative guidance in separation of powers controversies. There are at least two …

Some fundamental questions of jurisprudence have been with us from time immemorial.
What are the qualities of a good judge? What are the relevant normative guideposts that …

Does the quality of legal representation matter? Intuitively, we be-lieve the answer to be yes,
and there is certainly anecdotal evidence to support this view. After all, it cannot be mere …