Distinguishing private action from government action is the first question of constitutional law. The distinction blurs most when the government and private actors jointly cause harm. Not surprisingly, then, the Supreme ...

Since they were opened to the public in March 2004, the Harry A. Blackmun Papers at the Library of Congress have provided a wealth of information about the United States Supreme Court and its landmark decisions. This Essay ...

Recent writings by Professors Gil Seinfeld and Trevor Morrison criticize the Supreme Court's complete preemption doctrine as misguided and unconstitutional, respectively. Professor Seinfeld suggests reforming the doctrine ...

When it comes to domestic surveillance, even in the name of foreign intelligence, one constitutional challenge is to balance suspicion of and confidence in executive power - to leave the executive flexibility to meet ...