Center for Law & Philosophy

This chapter discusses the repugnant income generating activities (“RIGA”) of phase I medical research, sex work, and plasma donation. Though each is...

Psychology and law, by their nature, are deeply entwined. Both are about human behavior – understanding it, modifying it, regulating it. Psychology’s...

Although ethical critiques of markets are longstanding, modern academic debates about the ‘moral limits of markets’ (MLM) tend to be fairly limited in...

This Review examines Chain-Gang All-Stars, Nana Kwame Adjei-Brenyah’s speculative novel that critiques American incarceration by imagining a near...

The Founders were not textualists. The letter of the law mattered quite a bit. But, as William Blackstone noted, interpretation also required the...

Leaders often try to amend constitutions to remove checks on their powers. To help protect against such democratic erosion, constitutional drafters...

This essay is a contribution to a special issue of the Florida State University Law Review in memory and honor of Dan Markel, who was tragically...

A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...

Our perceptions of what we owe each other turn somewhat on whether we consider “another” to be “an other”—a stranger and not a friend. In this essay...

Many analyses of law take an unsentimental, perhaps even cynical view of regulated actors. On this view, law is a necessity borne of people’s selfish...

In 1963, Martin Luther King, Jr. wrote Letter from Birmingham Jail in response to white clergy members who had urged him to cease demonstrating...

How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...

This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The...

At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...

Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two...

This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...

This short essay considers Benjamin Zipursky’s intriguing effort to identify a tradition of “American natural law theory” that links Benjamin Cardozo...

Both statutory and constitutional law prohibiting discrimination forbid actions taken on the basis of certain traits. But rarely are those traits...

In this review of Jamal Greene’s How Rights Went Wrong, we raise a series of questions about proportionality review as a model for adjudicating rights...

This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it...

A commitment to nondiscrimination at times appears to require both that one not act in particular ways and that one not believe certain things. This...

This essay, written for a symposium honoring John Henry Schlegel, is part intellectual history, part philosophical polemic. It first briefly compares...

One can ask two different questions about a given social, political, or legal practice. First, how, if at all, do the ideas embodied in that practice...

Because common-law doctrines have long served as targets for critical theorists, it would be easy to see the common law and critical theory as...