2022–2023 Share Foreword The Court Is All Right. By Anastasia P. Boden Introduction Introduction By Thomas A. Berry Annual B. Kenneth Simon Lecture Term Limits/Time Rules for Future Justices: Eighteen Arguments for Eighteen Years By Akhil Reed Amar Constitutional Structure National Pork Producers Council v. Ross: Extraterritoriality Is Dead, Long Live the Dormant Commerce Clause By Brannon P. Denning The SEC Puts Itself on Moot—Answering Justice Robert Jackson’s Eight‐Decade‐Old Query—Has the SEC Become a Law Unto Itself? By Margaret A. Little First Amendment The Absurdity of Criminalizing Encouraging Words By Eric Franklin Amarante Speech, Complicity, Scarcity, and Public Accommodation By Christopher Green Counterman v. Colorado: Defining True Threats of Violence under the First Amendment By Clay Calvert Racial Preferences Students for Fair Admissions and the End of Racial Classification as We Know It By David E. Bernstein Indian Child Welfare Act Why Haaland v. Brackeen Is Not the End of the Story By Timothy Sandefur Major Questions Doctrine and National Emergencies Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine By Jed Shugerman Environmental Law Sackett v. EPA II: Ascertaining the Scope of Wetlands Jurisdiction under the Clean Water Act By Damien M. Schiff Election Law The Moore the Merrier: How Moore v. Harper’s Complete Repudiation of the Independent State Legislature Theory Is Happy News for the Court, the Country, and Commentators By Vikram Amar Intellectual Property Intellectual Property in OT 2022: Two Baby Steps in the Right Direction By Gregory Dolin Next Year Looking Ahead: October Term 2023 By Wen Fa Latest Issues 2021–2022 2020–2021 2019–2020 2018–2019
Term Limits/Time Rules for Future Justices: Eighteen Arguments for Eighteen Years By Akhil Reed Amar
National Pork Producers Council v. Ross: Extraterritoriality Is Dead, Long Live the Dormant Commerce Clause By Brannon P. Denning
The SEC Puts Itself on Moot—Answering Justice Robert Jackson’s Eight‐Decade‐Old Query—Has the SEC Become a Law Unto Itself? By Margaret A. Little
Students for Fair Admissions and the End of Racial Classification as We Know It By David E. Bernstein
Biden v. Nebraska: The New State Standing and the (Old) Purposive Major Questions Doctrine By Jed Shugerman
Sackett v. EPA II: Ascertaining the Scope of Wetlands Jurisdiction under the Clean Water Act By Damien M. Schiff
The Moore the Merrier: How Moore v. Harper’s Complete Repudiation of the Independent State Legislature Theory Is Happy News for the Court, the Country, and Commentators By Vikram Amar
