Civil Rights and Discrimination

For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...

Research correlating stringency in land-use regulation to low housing supply, high housing costs, and segregation relies on surveys of planners about...

Cities have been largely absent from the theory and legal doctrine of federalism, especially in the United States, where federalism is understood to...

Income inequality is a national preoccupation, and the public’s imagination is captured by the astronomical incomes of Valley tech billionaires and...

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

Working hand-in-hand with the private sector, largely in a regulatory vacuum, policing agencies at the federal, state, and local level are acquiring...

The decision in Students for Fair Admissions v. President and Fellows of Harvard [SFFA], invalidating the use of race in college admissions, reignites...

On Aug. 14, a Montana district court released a groundbreaking decision for climate change activists. In Held v. Montana, the court announced that...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

Coercive policing is conducted mostly by means of commands, and officers usually cannot use force unless they have first issued an order. Yet, despite...

Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The...

California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing...

The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen...

A key question in the academic and policy debates over the optimal architecture for sovereign debt has long been whether sovereigns should be given...

This year marks the fiftieth anniversary of the Supreme Court’s decision in San Antonio Independent School District v. Rodriguez that our Constitution...

Observers of metropolitan dysfunction have long advocated for a regional tier of government that could (among other things) equalize spending across...

Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and...