NULR 1L Writing Competition: Dred Scott v. Sandford (Dissent)

By: Walter Garcia | April 24, 2019

The idea of diversity has influenced some of our country’s most important judicial decisions. We asked Northwestern 1Ls to write about a case they studied in their first year of law school that has affected their opinion about diversity in the legal system. Walter was one of the winners. History will not look kindly upon this Court’s […]

NULR 1L Writing Competition: Fong Yue Ting v. United States (Critique)

By: Meher Babbar | April 24, 2019

The idea of diversity has influenced some of our country’s most important judicial decisions. We asked Northwestern 1Ls to write about a case they studied in their first year of law school that has affected their opinion about diversity in the legal system. Meher was one of the winners. Of the cases covered in Constitutional Law tracing […]

Sources of Rights: Originalism and Thayerism

By: Joe Blass | April 19, 2019

At Northwestern University Law Review’s Symposium on Originalism 3.0, Professor Steven Calabresi presented a paper critiquing a Thayerian approach to judicial handling of unenumerated rights. The session was moderated by Professor James Pfander, with commentary by Professor Jamal Greene of Columbia University Law School. Professor Calabresi described James Thayer’s influential 1893 Article, The Origin and Scope of the American Doctrine of Constitutional Law, which […]

Grounding Originalism: A Panel Discussion Moving from Legal Theory to Legal Practice

By: Andrew Borrasso | April 19, 2019

Is originalism correct? What might make it so? Grounding Originalism, a forthcoming Essay by Professors William Baude and Stephen E. Sachs, tackles these questions by moving from legal theory to legal empirics in an effort to provide a coherent story of our law. On Friday afternoon, November 5, 2018, Professors Baude and Sachs were joined by Professor Michael Ramsey in a […]

Moving the Great Debate on Originalism Theory Forward

By: Emily McCormick | April 19, 2019

Georgetown Law’s Professor Lawrence B. Solum discussed his forthcoming article, Originalism versus Living Constitutionalism: The Conceptual Structure of the Great Debate,at the recent Northwestern University Law Review 2018 Symposium: Originalism 3.0. Professor William Ewald from the University of Pennsylvania provided commentary, and Northwestern Law Professor Joshua Kleinfeld moderated the panel. Professor Solum began the discussion by sharing his inspiration for the article. While this […]

Truth, Lies, and Climate Change

By: Juliet Sorensen | October 11, 2018

Notwithstanding the established death toll of 2,975 people in Puerto Rico from Hurricane Maria, President Trump persists in asserting that it is limited to double digits. But Trump is hardly the first national leader to prevaricate when it comes to the consequences of extreme weather. World leaders lie about the costs and consequences of extreme weather and […]

The Poison Pills: Is Trump Negotiating NAFTA’s Dissolution?

By: Jaime Zucker | April 17, 2018

Following informal talks in Washington at the beginning of April, NAFTA negotiators missed another deadline when they were unable to resolve key issues in the renegotiation in time for the Summit of the Americas. Missing deadlines due to deadlock has been a recurring theme of the renegotiation process, which began back in August 2017. Since […]

From Somers to Winter: Chilling Internal Whistleblowing in Private Companies

By: Timothy Wilson | April 13, 2018

On February 21, 2018, the Supreme Court issued its opinion for Digital Realty Trust, Inc. v. Somers—a landmark decision denying Dodd-Frank anti-retaliation protection for internal whistleblowers in private companies. Congress passed the Dodd-Frank Act in 2010, intending to “promote the financial stability of the United States by improving accountability and transparency in the financial system.” […]

Section 230 and Fake News

By: Joshua Yim | April 12, 2018

Facebook brands itself as a company that aims to “give people the power to build community and bring the world closer together.” However, following the 2016 presidential election, the social media platform has come under growing scrutiny as part of a larger concern of Russian interference in the election. That concern is culminating this week […]

Opioid Litigation Nationwide May Leave States with New Funding to Combat the Epidemic

By: Nina Terebessy | April 4, 2018

As the country continues its efforts to combat the opioid epidemic, states are poised to receive new sources of funding from lawsuit settlements with drug distributors. Following the success of a claim in 2007 against Purdue Pharma, hundreds of plaintiffs—ranging from small towns and counties to larger cities and states—are joining the wave of litigation. […]