Accomplices of Abbott Lawrence Lowell
Volume 130’s Developments in the Law is partly an exercise in “you break it, you fix it.” Following a well-worn scholarly path, the Introduction recalls how the Harvard Law Review was host to a...
View ArticleProblematizing the Protection of Culture and the Insular Cases
Introduction O n September 28, 2017, the U.S. Department of Justice filed a lawsuit against the government of Guam claiming that it engaged in racial and national origin discrimination in violation of...
View ArticleDavis v. Guam
The application of constitutional law to the permanently inhabited unincorporated United States territories carries tensions between measures meant to safeguard indigenous populations and...
View ArticlePack the Union: A Proposal to Admit New States for the Purpose of Amending...
For most of the twenty-first century, the world’s oldest surviving democracy has been led by a chief executive who received fewer votes than his opponent in an election for the position. The first of...
View ArticleAdjudication Outside Article III
Article III requires federal judges who exercise federal jurisdiction to be given life tenure and undiminished compensation, limiting Congress’s ability to influence the judiciary. But from the...
View ArticleUnited States v. Vaello-Madero
Over 120 years after American troops first landed in Guánica and Puerto Rico fell under the control of the United States, the constitutional status of Puerto Ricans remains a murky legal and political...
View ArticleUnited States v. Vaello Madero
Equal protection under the Fifth Amendment guarantees that the federal government will not discriminate against individuals without a rational basis. Not in Puerto Rico. Last Term, in United States v....
View ArticleThe Constitution of American Colonialism
For my part I am not prepared for citizenship in the United States. I do not want it. . . . It takes greed of gain to make a successful citizen of the United States. — Walter Adair Duncan, father of...
View ArticleFinancial Oversight and Management Board for Puerto Rico v. Centro de...
Puerto Rico is in a state of crisis. The island bears a debt burden of more than seventy-two billion dollars, retains lasting damage from natural disasters whilst being subject to discriminatory...
View ArticleThe Constitution of Difference
The result of what has been said is that whilst in an international sense Porto Rico was not a foreign country, since it was subject to the sovereignty of and was owned by the United States, it was...
View Article
