The law is all around us, in many different forms: constitutions and statutes, rules and regulations, executive orders and court decisions. Together, these different pieces of the law—what lawyers and ...

The U.S. Supreme Court building in Washington, D.C. (Carlos Barria/Reuters) I argued in my "Four Models" article that this pluralism was desirable. In applying the reasonable expectation of privacy ...

Earlier this month, in National Association of Manufacturers v. National Labor Relations Board, the D.C. Circuit Court of Appeals struck down an NLRB edict requiring businesses to display pro-union ...

IN ORDER to explain my title I must ask you to follow me in examining the three great domains of human action. First comes the domain of positive law, where our actions are prescribed by laws which ...

If the Positive Law test is originalist, then what isn't? A close look at Fourth Amendment history and some recent scholarship. My friend and co-blogger Will Baude argued recently that his Positive ...

Justice Neil Gorsuch seems to have surprised and concerned some observers during yesterday’s oral arguments in Carpenter v. United States. He came out with a number of questions quite skeptical of the ...

To understand positive law codification, it helps to know something about the U.S. Code. The Code was adopted in 1926 for the purpose of arranging the general and permanent federal statutes by subject ...