Legal History Blog

David S. Schwartz, University of Wisconsin Law School , has posted The Birth of Compact Theory , which is forthcoming in the Journal of Amer...

Rachel Bayefsky, UVA Law , has published Tradition and Feminism in Constitutional Rights Adjudication in the Virginia Law Review : In recen...

David R. Upham, St. Thomas University College of Law , has published Taking American Citizenship Seriously: The Recovery of the Fourteenth A...

Two notes  in Harvard Law Review 139: 8 (June 2026) are of interest to constitutional historians.  The first is Montesquieu’s Day in Court:...

Farah Peterson, University of Chicago Law School , has posted The Limits of Text , which is forthcoming in the Yale Law Journal : Let’s say ...

Texas A&M Law Review 13:2 (2026) is a symposium issue on constitutional interpretation with many contributions of interest to legal hi...

The Spring 2026 issue of the Journal of American Constitutional History is now available here . Articles Constructing the Constitutional Le...

Brent Skorup, Cato Institute , has posted The Korematsu Era: The Restructuring of Government Power, 1942–1948 : This paper argues that the ...

Kathleen Claussen, Georgetown Law , and Timothy Meyer, Duke Law , have published The Foreign Commerce Power in the California Law Review : ...

Reva B. Siegel (Yale Law School) and Mary Ziegler  (University of California, Davis) have posted Dismantling Equality Rights Through "B...

The Harvard Law Review has published " Indigenous Constitutionalism ," by Tanner Allread (University of California, Los Angeles)....

Andrew Kent, Fordham University School of Law , has posted The Pre-History of Modern Economic Sanctions , which is forthcoming in Constituti...

We missed this one from earlier this year: Anthony B. Sanders (Institute for Justice, University of Minnesota) has posted " Parliament...

[We have the following announcement from our friends at the ICS.  DRE] The White House ( LC ) The Institute for Constitutional Studies at T...

Keith E. Whittington, Yale Law School , and James Heilpern , who is Counsel at Schaerr Jaffe, LLP, where he specializes in complex litigatio...

Bruce Ackerman, Yale Law School , has posted Barrett’s Red Flag: Why the Court Should Order Re-argument in Trump v. Slaughter : William E. H...

The Asian Legal History Association  has hosted its official launch in Hong Kong ( The Standard ).  The speech of the Secretary for Justice,...

Patrick J. Sobkowski, Marquette University , has posted Presidentialism at the Highest Ebb: Executive Power in the Age of Trump , which is f...

Jane Manners, Fordham University , and Lev Menand, Columbia Law School , have posted The Power to Remove For Cause : This Article reconstruc...

Zachary Price, UC Law, San Francisco , has posted Effectuating Congress's Power of the Purse : Congress’s power of the purse—its authori...