The Fourteenth Amendment's Section One is central to our constitutional law. Yet its
underlying principles remain surprisingly obscure. Its drafting history seems filled with …

Throughout the first century and a half of our nation's history, federal courts treated equity as
a type of general law. They applied a uniform, freestanding body of principles derived from …

For decades, Fourth Amendment protections have turned on" reasonable expectations of
privacy." But a new era may be dawning. There is growing interest among judges and …

Current scholarship and case law assume that citizenship rights come in only two sets: state
and national. This binary approach reflects broader contemporary attitudes about the …

ON topics that come within the reach of the states' lawmaking powers, modern federal
judges have no doubts about the legal status of the common law. With respect to such …

Commentators have long debated the proper method of constitutional interpretation and
whether the Constitution itself provides meaningful guidance for its own interpretation …

F EDERAL common law causes of action-actions created neither by Congress nor by state
law-have long generated debate among judges and scholars. In Erie Railroad Co. v …

" Common law statutes" are a special kind of federal statute. Their defining feature is that
they are written in such" sweeping" and" general" 1 terms that they are often resistant to …

Enterprise Institute's series of mini-conferences on the 75th anniversary of Erie. I am grateful
to Michael Greve and the AEl for the invitation to participate; to Jonathan Harrison for his …

We often hear about state common law: the statewide, judge-made law developed by the
highest-level state courts.'Occasionally, we acknowledge that slivers of federal common law …