April 2021 | Vol. 89, No. 5

Symposium

Foreword

By David S. Schwartz, Jonathan Gienapp, John Mikhail, & Richard Primus

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Two Federalist Constitutions of Empire

By Gregory Ablavsky

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Without Doors: Native Nations and the Convention

By Mary Sarah Bilder

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President Madison’s Living Constitution: Fixation, Liquidation, and Constitutional Politics in the Jeffersonian Era

By Saul Cornell

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In Search of Nationhood at the Founding

By Jonathan Gienapp

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Slavery’s Constitution: Rethinking the Federal Consensus

By Maeve Glass

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The Federalist Constitution as a Project in International Law

By David M. Golove & Daniel J. Hulsebosch

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The Unwritten Constitution for Admitting States

By Roderick M. Hills Jr.

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Article IX, Article III, and the First Congress: The Original Constitutional Plan for the Federal Courts, 1787-1792

By Thomas H. Lee

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Executive Power and the Rule of Law in the Marshall Court: A Rereading of Little v. Barreme and Murray v. Schooner Charming Betsy

By Jane Manners

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Equal Footing and the States “Now Existing”: Slavery and State Equality over Time

By James E. Pfander & Elena Joffroy

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Reframing Article I, Section 8

By Richard Primus

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The Other Madison Problem

By David S. Schwartz & John Mikhail

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Presidential Removal: The Marbury Problem and the Madison Solutions

By Jed Handelsman Shugerman

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Articles

Ignoring Information Quality

By Janet Freilich

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Reconstructing State Republics

By Francesca L. Procaccini

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Notes

Blind Justice and Just Arbitrators: Understanding the Federal Arbitration Act’s Evident Partiality Standard

By Heather Cameron

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Seeking a Second Opinion: A Call for Congressional Evaluation of Anti-assignment Provisions in Employee Health Plans

By Jordan Davis

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Inoculating Title VII: The “Undue Hardship” Standard and Employer-Mandated Vaccination Policies

By Mary-Lauren Miller

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Bridging the Gap: Assessing the State of Federal Corruption Law After Kelly v. United States

By Michael J. Morgan

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“The Rule of the Strong, Not the Rule of Law”: Reexamining Implicit Divestiture After McGirt v. Oklahoma

By Joseph Palandrani

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