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September 2025
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The Fifth Circuit’s Holding in National Horsemen’s Benevolent and Protective Association v. Black Keeps HISA from Crossing the Wire
The Framers of the Constitution deliberately divided federal powers among three branches, ensuring that each branch is held accountable by the others. The private…
Kyle Kendall -
ArticleVol. 103 · Iss. 1
Personal Jurisdiction and Federalism
Personal jurisdiction has long professed to safeguard interstate federalism through the principle that good fences make good neighbors. Although this goal sits uncomfortably with…
Scott Dodson -
ArticleVol. 103 · Iss. 1
Drug Dealing: Making Public Pharma Work
The U.S. market for prescription drugs is failing many Americans. Drug prices in the United States are nearly three times higher than in comparable…
Sahil Agrawal, Melissa Barber, Amy Kapczynski & Trudel Pare -
ArticleVol. 103 · Iss. 1
When is Discrimination Harmful?
In Muldrow v. City of St. Louis, the Supreme Court held that Title VII does not require a plaintiff to establish material harm to…
Sandra F. Sperino -
ArticleVol. 103 · Iss. 1
Cliff Running
Professionals must at times make snap judgments that have profound consequences. Does a doctor perform an otherwise forbidden abortion to preserve a patient’s failing…
Dov Fox & William Ortman -
ArticleVol. 102 · Iss. 6
Foreword: The Curiously Minor Role of Minor v. Happersett
This symposium marks the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment’s Privileges or Immunities Clause…
Susan Frelich Appleton, Travis Crum & Hannah Keidan -
ArticleVol. 102 · Iss. 6
Minor v. Happersett, Dobbs v. Jackson Women’s Health Organization, And the Supreme Court’s Refusal to Reconstruct America
One hundred and fifty years ago, in the wake of the ratification of the Reconstruction Amendments, the United States Supreme Court decided Minor v.…
Henry L. Chambers, Jr. -
ArticleVol. 102 · Iss. 6
“May It Please Her Honor”: The United States’ First Women Judges, 1870-1930
Between 1870 and 1930, hundreds of women served as judges in the United States. While a small number compared to the men who served,…
Elizabeth D. Katz -
ArticleVol. 102 · Iss. 6
Phyllis Schlafly and How Forgetting Women’s Struggles for Equality Perpetuates Inequality
At the end of 1922, the Washington Times asked Alice Paul to predict how “modern feminism” would shape “the course of history in the…
Jill Elaine Hasday -
ArticleVol. 102 · Iss. 6
Citizenship and Empire in Elk v. Wilkins
In 1884, the Supreme Court held that the Fourteenth Amendment’s guarantee of birthright citizenship did not apply to Native Americans. In Elk v. Wilkins,…
Alexandra Fay -
ArticleVol. 102 · Iss. 6
History, Tradition, and the Franchise
Over the last several years, Fourteenth Amendment jurisprudence in the Supreme Court has undergone a dramatic shift. Once the doctrinal bedrock for unenumerated rights,…
Brandon J. Johnson -
ArticleVol. 102 · Iss. 6
Minor v. Happersett and the Repudiation of Universal Suffrage
Nearly 150 years ago, Minor v. Happersett rejected a constitutional challenge to a Missouri law that excluded women from the electorate. Ratification of the…
Ellen D. Katz