AuthorTitleCitationSummaryYearKey Terms
Cynthia Willis-Esqueda, Ph.D. Bad Characters and Desperados: Latinxs and Causal Explanations for Legal System Bias 67 UCLA Law Review 1204 (November, 2020) Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it...; Search Snippet: ...of Texas by the United States in 1845 and the Treaty of Guadalupe Hidalgo in 1848. [FN12] These events are important for two... 2020 yes
Richard Delgado , Jean Stefancic Borders by Consent: a Proposal for Reducing Two Kinds of Violence in Immigration Practice 52 Arizona State Law Journal 337 (Summer, 2020) We describe a new consensual theory of borders and immigration that reverses Peter Schuck's and Rogers Smith's notion of citizenship by consent and posits that borders are legitimate--and make sense--only if they are products of consent on the part of both countries on opposite sides of them. Our approach, in turn, leads to differential borders...; Search Snippet: ...14 (2008) (discussing the residue of the War, including the Treaty of Guadalupe-Hidalgo that ended it); Guadalupe T. Luna, Chicana/Chicano Land Tenure in the Agrarian Domain... 2020 yes
Jasmine B. Gonzales Rose Color-blind but Not Color-deaf: Accent Discrimination in Jury Selection 44 New York University Review of Law and Social Change 309 (2020) Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too...; Search Snippet: ...were indigenous to the Southwest prior to 1848 when the Treaty of Guadalupe Hidalgo made it part of the United States, [FN122] or... 2020 yes
George A. Martínez Dispute Resolution and the Treaty of Guadalupe Hidalgo: Parallels and Possible Lessons for Dispute Resolution under Nafta 5 Southwestern Journal of Law and Trade in the Americas 147 (Spring 1998) It has been 150 years since the United States and Mexico entered into the Treaty of Guadalupe Hidalgo (Treaty). In 1848, the Treaty ended the war between the United States and Mexico. The Treaty purported to protect certain rights of Mexican citizens in the areas ceded to the United States. Over the years, Mexican-Americans have sought to litigate... 1998 yes
Christopher David Ruiz Cameron One Hundred Fifty Years of Solitude: Reflections on the End of the History Academy's Dominance of Scholarship on the Treaty of Guadalupe Hidalgo 5 Southwestern Journal of Law and Trade in the Americas 83 (Spring 1998) Science has eliminated distance, Melquíades proclaimed. In a short time, man will be able to see what is happening in any place in the world without leaving his house. -Gabriel García Márquez For most of its one hundred fifty years, the Treaty of Guadalupe Hidalgo has been the scholarly province of history rather than of law professors. Whereas... 1998 yes
Rebecca Tsosie Sacred Obligations: Intercultural Justice and the Discourse of Treaty Rights 47 UCLA Law Review 1615 (August, 2000) Today, Native Americans and Mexican American point to the treaties of the last century in support of their claims for intercultural justice. Under this discourse of treaty rights, both the Indian treaties and the Treaty of Guadalupe Hidalgo embody the moral obligation of the United States to honor its promises to respect the land and the cultural... 2000 yes
Shira Cohen THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS 93 University of Colorado Law Review 841 (Summer, 2022) Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... 2022 yes
Rodolfo F. Acuña The Treaty of Guadalupe Hidalgo: My Take on the Possible Implications for Today 5 Southwestern Journal of Law and Trade in the Americas 109 (Spring 1998) I am not an expert on the Treaty of Guadalupe Hidalgo. I am not an attorney. I am but a lowly historian. So, I'll begin with a story that the Chicano activist Bert Corona used to tell about another activist who was one day lecturing an audience in Boyle Heights in the 1940s about Kearney's Army of the West and the atrocities it committed upon... 1998 yes
JON MICHAEL HAYNES What Is it about Saying We're Sorry? New Federal Legislation and the Forgotten Promises of the Treaty of Guadalupe Hidalgo 3 Scholar: St. Mary's Law Review on Minority Issues 231 (Spring 2001) I. Introduction. 232 II. Background of Events Leading to War with Mexico. 236 A. A Brief History of Land Grants in the Southwest. 236 B. Manifest Destiny. 238 C. Land in Texas. 240 III. International Law and Treaty Rights. 242 A. International Law. 242 B. Treaty Rights (The Treaty of Guadalupe Hidalgo as Non Self-Executing). 243 IV. The Treaty of... 2001 yes
Luis Angel Toro A People Distinct from Others: Race and Identity in Federal Indian Law and the Hispanic Classification in Omb Directive No. 15 26 Texas Tech Law Review 1219 (1995) I. INTRODUCTION. 1219 II. DEFINITIONS OF TERMS. 1223 III. BIOLOGICAL RACE, DIRECTIVE NO. 15, AND THE IMMIGRANT ANALOGY. 1225 IV. RACE AND IDENTITY IN U.S. LAW AND INDIGENOUS TRADITION. 1230 V. RACE AND IDENTITY IN CONTEMPORARY JURISPRUDENCE. 1238 VI. DIRECTIVE NO. 15 AND THE SOCIAL CONSTRUCTION OF RACE. 1243 VII. CHICANOS AS A RACIALIZED MINORITY... 1995  
Philip Lee A Wall of Hate: Eminent Domain and Interest-convergence 84 Brooklyn Law Review 421 (Winter, 2019) On day one, we will begin working on an impenetrable, physical, tall, powerful, beautiful southern border wall. --Donald Trump Donald Trump is no stranger to eminent domain. In the 1990s, Trump wanted land around Trump Plaza to build a limousine parking lot. Many of the private owners agreed to sell, but one elderly widow and two brothers who... 2019  
Janelle N. Dixon , Tonneka M. Caddell , Apryl A. Alexander , Danielle Burchett , Jaime L. Anderson , Ryan J. Marek , David M. Glassmire ADAPTING ASSESSMENT PROCESSES TO CONSIDER CULTURAL MISTRUST IN FORENSIC PRACTICES: AN EXAMPLE WITH THE MMPI INSTRUMENTS 47 Law and Human Behavior 292 (February, 2023) Objective: Our first goal in this study was to identify cultural mistrust critical items (CMCIs) on two versions of the Minnesota Multiphasic Personality Inventory (MMPI)--the MMPI-Second Edition-Restructured Form (MMPI-2-RF) and MMPI--Third Edition (MMPI-3)--that might be endorsed by people of color because of cultural mistrust rather than... 2023  
Kevin R. Johnson An Essay on Immigration, Citizenship, and U.s./mexico Relations: the Tale of Two Treaties 5 Southwestern Journal of Law and Trade in the Americas 121 (Spring 1998) The 1990s have been fascinating times for study of United States-Mexico relations. In the decade's early years, public discussion in the United States centered on the ratification of the North American Free Trade Agreement (NAFTA), a controversial trade accord between the United States, Mexico, and Canada. The NAFTA debate in the United States... 1998  
Clare Sheridan Another White Race: Mexican Americans and the Paradox of Whiteness in Jury Selection 21 Law and History Review 109 (Spring, 2003) Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality. Hirabayashi v. U.S. In 1954, seventy-four years after the U.S. Supreme Court held that African Americans could not be banned from jury service by statute, and fifty-four years... 2003  
Francisco Valdes Barely at the Margins: Race and Ethnicity in Legal Education--a Curricular Study with Latcritical Commentary 13 Berkeley La Raza Law Journal 119 (Fall 2002) Introduction. 119 I. Background and Methodology. 124 II. Summary of Combined Findings--2000 and 2001. 131 A. Primary Courses: Latinas/os and the Law Courses. 133 B. Related Courses: Critical Race Theory Courses. 135 C. Related Courses: Race, Racism and Race Relations Courses. 135 D. Related Courses: Mainstream Doctrinal Courses. 136 E.... 2002  
Jeanne M. Powers, Lirio Patton Between Mendez and Brown: Gonzales V. Sheely (1951) and the Legal Campaign Against Segregation 33 Law and Social Inquiry 127 (Winter, 2008) On March 26, 1951, three years before the historic Brown decision, in Gonzales v. Sheely (1951), Judge Dave Ling of the United States District Court of Arizona ruled that the segregation of Mexican American students in a separate Mexican School was unconstitutional. In this article, we trace the legal arguments in Gonzales through two prior... 2008  
R.A. Lenhardt Beyond Analogy: Perez V. Sharp, Antimiscegenation Law, and the Fight for Same-sex Marriage 96 California Law Review 839 (August, 2008) Conversations about the constitutionality of prohibitions on marriage for same-sex couples invariably reduce to the question of whether a meaningful analogy can be drawn between restrictions on same-sex marriage and antimiscegenation laws. In an effort to refocus this debate, this article considers the California Supreme Court's 1948 decision in... 2008  
Berta Hernandez-Truyol , Angela Harris , Francisco Valdés Beyond the First Decade: a Forward-looking History of Latcrit Theory, Community and Praxis 17 Berkeley La Raza Law Journal 169 (Spring 2006) During the past ten years, the LatCrit community of scholars, students, and social activists have produced twenty law review symposia, including this one. During this time, we also have launched a variety of academic and educational community projects designed to promote antisubordination consciousness and action within, and from, the legal academy... 2006  
Steven H. Wilson Brown over "Other White": Mexican Americans' Legal Arguments and Litigation Strategy in School Desegregation Lawsuits 21 Law and History Review 145 (Spring, 2003) The landmark 1954 decision Brown v. Board of Education has shaped trial lawyers' approaches to litigating civil rights claims and law professors' approaches to teaching the law's powers and limitations. The court-ordered desegregation of the nation's schools, moreover, inspired subsequent lawsuits by African Americans aimed variously at ending... 2003  
Paul Frymer Building an American Empire: Territorial Expansion in the Antebellum Era 1 UC Irvine Law Review 913 (September, 2011) I. Race and American Expansion: Incorporating Versus Removing. 920 II. Land Policy and State Authority. 929 A. Residence and Defense. 935 III. The Legal Framework for Removal. 941 A. Property Law. 943 B. Federalism. 947 C. The Supreme Court. 949 IV. Conclusion: Indian Removal and the End of the First Phase of American Empire. 953 2011  
Robert S. Chang , Jerome M. Culp, Jr. Business as Usual? Brown and the Continuing Conundrum of Race in America 2004 University of Illinois Law Review 1181 (2004) In this article, Professors Robert Chang and Jerome Culp examine the state of race in America in the aftermath of the landmark Supreme Court decision of Brown v. Board of Education. Their findings reveal that while Brown established fundamental precedent in the area of race relations, racial inequality remains entrenched in a number of modern... 2004  
Richard Delgado ; Jean Stefancic California's Racial History and Constitutional Rationales for Race-conscious Decision Making in Higher Education 47 UCLA Law Review 1521 (August, 2000) Richard Delgado and Jean Stefancic examine the history of racial mistreatment of citizens of color in California. Beginning with incidents of racial brutality during the early Spanish colonial period and proceeding into the present, Delgado and Stefancic reveal that California has not been the egalitarian paradise many suppose. The authors write... 2000  
Adela de la Torre , Rowena Seto Can Culture Replace Race? Cultural Skills and Race Neutrality in Professional School Admissions 38 U.C. Davis Law Review 993 (March, 2005) America is not a land of one race or one class of men. We are Americans that have toiled and suffered and known oppression and defeat. . . . America is not bound by geographical latitudes. America is not merely a land or an institution. America is in the hearts of men that died for freedom; it is also in the eyes of men that are building a new... 2005  
Kevin R. Johnson Celebrating Latcrit Theory: What Do We Do When the Music Stops? 33 U.C. Davis Law Review 753 (Summer, 2000) let us be the key that opens new doors to our people let tomorrow be today yesterday has never left let us all right now take the first step: let us finally arrive at our Promised Land! The fourth annual critical Latina/o theory conference (LatCrit IV) entitled Rotating Centers, Expanding Frontiers: LatCrit Theory and Marginal Intersections,... 2000  
John Tehranian Changing Race: Fluidity, Immutability, and the Evolution of Equal-protection Jurisprudence 22 University of Pennsylvania Journal of Constitutional Law 1 (November, 2019) One of the bedrock principles of American constitutional jurisprudence is its commitment to provide heightened scrutiny to laws that distinguish amongst us on the basis of certain immutable traits. But race--the very trait that has historically received the most searching form of scrutiny under modern equal-protection doctrine--is far more fluid... 2019  
Guadalupe T. Luna Chicana/chicano Land Tenure in the Agrarian Domain: on the Edge of a "Naked Knife" 4 Michigan Journal of Race and Law 39 (Fall 1998) Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and... 1998  
Guadalupe T. Luna Chicanas/os, "Liberty" and Roger B. Taney 12 University of Florida Journal of Law and Public Policy 33 (Fall, 2000) Get but the truth once uttered, and 'tis like A star new born, that drops into its place, And which, once circling in its placid round, Not all the tumult of the earth can shake This essay brings us back to 1848, a period in the nation's history in which property rights were closely identified with the blessings of liberty. Barely sixty years had... 2000  
Francisco Valdes City and Citizen: Community-making as Legal Theory and Social Struggle 52 Cleveland State Law Review 1 (2005) I. Introduction. 1 II. Operations of Power: Expanding the Critiques of Identity in Law and Culture. 3 A. City and Citizenship: Between and Beyond the Nation-State. 7 B. Race, Ethnicity and Gender: Identity Ideologies in Law and Culture. 14 C. Identity, Discourse and Society: Mapping the Lines of Critical Inquiry. 22 D. Migration, Land and Labor:... 2005  
Ediberto Roman Coalitions and Collective Memories: a Search for Common Ground 58 Mercer Law Review 637 (Winter 2007) We're going to take this movement and . . . reach out to the poor people in all directions in this country . . . into the Southwest after Indians, into the West after the Chicanos, into Appalachia after poor whites, and into the ghettos after Negroes and Puerto Ricans. And we are going to bring them together and enlarge this campaign into something... 2007  
Anthony V. Alfieri Color/identity/justice: Chicano Trials 53 Duke Law Journal 1569 (March, 2004) A Review of Racism on Trial: The Chicano Fight for Justice, by Ian F. Haney López (Belknap Press of Harvard University Press, 2003). The color line has come to seem a fiction, so little do we apprehend its daily mayhem. This Book Review seeks to rectify in small measure the omission of color from American documents of black/white legal and... 2004  
Carrie L. Rosenbaum Crimmigration--structural Tools of Settler Colonialism 16 Ohio State Journal of Criminal Law 9 (Fall, 2018) The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... 2018  
Kevin R. Johnson ; George A. Martínez Crossover Dreams: the Roots of Latcrit Theory in Chicana/o Studies Activism and Scholarship 53 University of Miami Law Review 1143 (July, 1999) As the century comes to a close, critical Latina/o theory has branched off from Critical Race Theory. This article considers how this burgeoning body of scholarship finds its roots in a long tradition of Chicana/o activism and scholarship, particularly the work of Chicana/o Studies professors. In the critical study of issues of particular... 1999  
Ann Piccard Death by Boarding School: "The Last Acceptable Racism" and the United States' Genocide of Native Americans 49 Gonzaga Law Review 137 (2013-2014) For the survivor who chooses to testify, it is clear: His duty is to bear witness for the dead and for the living. He has no right to deprive future generations of a past that belongs to our collective memory. To forget would be not only dangerous but also offensive; to forget the dead would be akin to killing them a second time. I. Introduction.... 2014  
Kenya Hart Defending Against a "Death by English" : English-only, Spanish-only, and a Gringa's Suggestions for Community Support of Language Rights 14 Berkeley La Raza Law Journal 177 (Fall 2003) Introduction. 178 I. Language Minorities and Language Legislation in the United States. 182 A. Immigrants and Immigration. 182 B. Minority Languages. 184 C. The English-Only Movement. 185 II. English-Only, Spanish-Only, and First Amendment Interests. 189 A. Article 28 and Yniguez v. Arizonans for Official English. 191 1. Article 28 of the Arizona... 2003  
Richard Delgado Derrick Bell's Toolkit--fit to Dismantle That Famous House? 75 New York University Law Review 283 (May, 2000) Does United States antidiscrimination law embrace a black/white binary paradigm of race, in which other, nonblack minority groups must compare their treatment to that of African Americans in order to gain redress? In this Derrick Bell Lecture, Professor Richard Delgado argues that it does, and that other minorities also fall from time to time into... 2000  
Alex M. Johnson, Jr. Destabilizing Racial Classifications Based on Insights Gleaned from Trademark Law 84 California Law Review 887 (July, 1996) As I stepped onto the bus one early morning, the driver, a young black man, said I was a dime short. I was positive I had deposited the proper fare. I did a slight burn, though concealed. To avoid an unpleasant exchange, I fished out another dime and dropped it into the box. My annoyance, trivial though the matter was, stayed with me for the rest... 1996  
Thomas W. Mitchell Destabilizing the Normalization of Rural Black Land Loss: a Critical Role for Legal Empiricism 2005 Wisconsin Law Review 557 (2005) I am an invisible man. No, I am not a spook like those who haunted Edgar Allan Poe; nor am I one of your Hollywood-movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids--and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me. Just like the unnamed narrator in Ralph... 2005  
Leti Volpp Divesting Citizenship: on Asian American History and the Loss of Citizenship Through Marriage 53 UCLA Law Review 405 (December, 2005) This Article narrates a sorely neglected legal history, that of the intersection between race, gender, and American citizenship through the first third of the twentieth century. It is a little known fact that marriage once functioned to exile U.S. citizen women from their country; moreover, how racial barriers to citizenship shaped expatriation and... 2005  
Gerald P. López , Art by Andrea Matsuoka Don't We like Them Illegal? 45 U.C. Davis Law Review 1711 (June, 2012) To celebrate Keith Aoki, the editors of the UC Davis Law Review invited participation in this special issue. Keith would not likely agree with all this Article says, but I write to honor his life and his work. Thank you for the privilege. Introduction. 1713 I. The Prevailing Theory of Undocumented Mexican Migration. 1720 A. Coming to Appreciate the... 2012  
Robert S. Chang Dreaming in Black and White: Racial-sexual Policing in the Birth of a Nation, the Cheat, and Who Killed Vincent Chin? 5 Asian Law Journal 41 (May, 1998) Professor Chang observes that Asians are often perceived as interlopers in the nativistic American family. This conception of a nativist family is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived... 1998  
SpearIt Enslaved by Words: Legalities & Limitations of "Post-racial" Language 2011 Michigan State Law Review 705 (2011) Introduction. 706 I. The Temple of Taxonomy: Built on Sand. 708 A. Race & Color in the Language of Law. 710 1. Constitutions. 710 2. Statutes. 714 3. The U.S. Census. 720 B. Legal & Social Constructions of Whiteness. 726 II. Structural Racism. 729 A. The Politics of Naming. 730 1. Objectifying the Other. 732 2. Ritualizing Otherness. 734 B.... 2011  
Angela P. Harris Equality Trouble: Sameness and Difference in Twentieth-century Race Law 88 California Law Review 1923 (December, 2000) Introduction. 1925 I. The First Reconstruction: Prelude to the Twentieth Century. 1930 A. The Legal Structure of the First Reconstruction. 1931 B. Dismantling Reconstruction: The Southern Redemption. 1936 II. Race Law in the Age Of Difference. 1937 A. Civilization and Self-Determination: The Increasing Importance of Race. 1938 B. Race Law and... 2000  
John O. Calmore Exploring Michael Omi's "Messy" Real World of Race: an Essay for "Naked People Longing to Swim Free" 15 Law & Inequality: A Journal of Theory and Practice 25 (Winter 1997) The real world is messy with no clear answers. Nothing demonstrates this convolution better than the social construction of racial and ethnic categories. --Michael Omi What strikes me here is that you are an American talking about American society, and I am an American talking about American society--both of us very concerned with it--and yet your... 1997  
Bryan H. Wildenthal Federal Labor Law, Indian Sovereignty, and the Canons of Construction 86 Oregon Law Review 413 (2007) Introduction: The National Labor Relations Act, Indian Government Employment, and the San Manuel Litigation. 414 I. The Factual and Historical Background of San Manuel and California Indian Gaming. 423 II. San Manuel and the Canons of Construction. 431 A. The NLRA and Government Employers. 431 B. How the Canons Should Apply. 434 C. The NLRB Plays... 2007  
Emily Lamm Flexibly Fluid & Immutably Innate: Perception, Identity, and the Role of Choice in Race 26 William and Mary Journal of Race, Gender, and Social Justice 525 (Spring, 2020) Introduction I. The Construction and Reconstruction of Race A. Race & Rhetoric: Justifications for Slavery and American Imperialism B. Dominance Through Division: The Racial Hierarchy's Ultimate Illusion C. Ensnared Elevation: The Plight of Races Deemed Superior II. In Search of Clarity: Deconstructing Race in the Courtroom A. Endorsing Racism B....; Search Snippet: ...of racial classification. [FN162] In sharp contrast, other courts rejected racial categories that were constructed through the political process. In the... 2020  
Jane E. Larson Free Markets Deep in the Heart of Texas 84 Georgetown Law Journal 179 (December, 1995) You can come down here and talk of subjection, but he's as free as a bird of the air. Don't come down here from the north and describe the poverty of the Mexicans at the back door of the white man's high civilization. Don't forget that he's an independent individual. There never lived a person in such freedom.... There's no arrogance, there's no... 1995  
Dr. William Arrocha From Arizona's S.b. 1070 to Georgia's H.b. 87 and Alabama's H.b. 56: Exacerbating the Other and Generating New Discourses and Practices of Segregation 48 California Western Law Review 245 (Spring 2012) Segregation is the adultery of an illicit intercourse between injustice and immorality. --Dr. Martin Luther King Jr. In 2006, Laine Lawless, one of the founding members of the Minuteman movement, encouraged the leadership of the Neo-Nazi National Socialist Movement (NSM) to launch a campaign of violence against illegal aliens (i.e., Hispanics)... 2012  
Yxta Maya Murray From Here I Saw What Happened and I Cried: Carrie Mae Weems' Challenge to the Harvard Archive 8 Unbound: Harvard Journal of the Legal Left 1 (2012-2013) Who owns the violent past? In the early 1990s, New York artist Carrie Mae Weems traveled to Harvard University's Peabody Museum of Archaeology and Ethnology to see some mysterious photographs. Entering into the archives, she first signed a contract promising not to use any Peabody images without permission. She next found herself staring down at... 2013  
Claire Lisker GEOGRAPHIC AND LINGUISTIC BELONGING: A PREREQUISITE FOR FULL CONSTITUTIONAL RIGHTS 39 Chicana/o-Latina/o Law Review 183 (2023) C1-2Table of Contents Introduction. 184 I. Geographic Belonging. 190 A. The Ethno-Racialized Conception of U.S. Territorial Sovereignty - A Brief History. 190 B. Modern Territorial Sovereignty: Patrolling the Border. 192 II. Linguistic Belonging. 198 A. Jury Exclusions. 199 B. English-Only Rules and Inadequate Title VII and Title VI... 2023  
Gregory Ablavsky GETTING PUBLIC RIGHTS WRONG: THE LOST HISTORY OF THE PRIVATE LAND CLAIMS 74 Stanford Law Review 277 (February, 2022) Abstract. Black-letter constitutional law distinguishes private rights, which must be litigated before an Article III tribunal, from public rights, which Congress may resolve through administrative adjudication. Yet both scholars and the Supreme Court have long struggled to define this distinction. Recently, many have turned to history for... 2022  
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