For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary's role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular...

The Supreme Court held in Grutter v. Bollinger that the attainment of a diverse student body could justify the use of race in admissions decisions in higher education. This decision did not, however, address whether student body diversity could...

Police misconduct is a sadly recurring phenomenon in the United States, frequently commented upon by mass media, legislators, the courts, and legal scholars. Incremental steps have been taken to remedy persistent police misconduct, most notably and...

Twenty-five years have passed since courts first adopted “market share liability,” a theory under which a plaintiff unable to identify the manufacturer of the product that caused his injury can recover on a proportional basis from each manufacturer...

A debate continues to rage in the academy and on the U.S. Supreme Court about the propriety of originalism as a methodology of constitutional interpretation. In federalism cases both the majority and the dissent on the current Court appear to have...

In this Comment, the author considers the popular critique of the Great Case of Johnson v. M’Intosh as racist myth-making. After unpacking Johnson’s uncomfortable marriage of conquest and discovery, Seifert juxtaposes the opinion with Virgil’s...