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Recent Articles

The (Quorum) Call is Coming from Inside the House: Incongruity Between the Current Interpretation of the Quorum Clause and the Supreme Court’s First Congress Canon

Sam Mahler

Since the start of the twenty-first century, Congress members have faced more threats to their safety than at any other point in American history. Up to this point, none of the attacks have been successful in killing a majority of the members. However, such a prospect comes with the possibility of a reality where all Congressional action is stalled until replacement elections are held and new members are seated. (more…)

On “Self” Care

Suzanne A. Kim

The dominant answer to popular calls for self care in everyday discourse is a thriving eleven billion dollar industry. The self care economy encompasses workplace wellness programs, consumer goods and services, and entrepreneurship. This infrastructure revolves around commercial consumers and providers and advances through conceptions of health and well-being centered on individuals.
Despite their prevalence, the concept and provision of self care have gone underexamined in legal critiques of societal underinvestment in care. This Article fills this gap by exploring the social construction of the dominant contemporary conception of self care in the United States, one that continues to be construed within a solely individualized framework. Within this model, individuals’ encounters with care appear to arise in a vacuum— both in how care needs emerge and how care needs are addressed. (more…)

Un-fathering the Constitution

Lorianne Updike Toler

Constitutional law turns on Madison’s vision. This because Madison is universally acclaimed by the Supreme Court and legal academe as the Constitution’s father. However, Madison’s constitutional parentage sounds more in lore than logic.
A careful review of recent historiography, Madison’s own writings, and new analytics tools available on the Quill Project reveal Madison as much less important to the Constitution than previously thought. He did not bring about the Convention, did not write the Virginia Plan, and was not that influential at the Constitutional Convention. (more…)

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