The One Remaining Identity the Supreme Court Is Willing to Protect

Embedded in a recently decided Supreme Court case about Cuba and the Foreign Sovereign Immunities Act—Exxon Mobil v. Cimex(opens in new tab)—was a...

This Article tells the inside story of the rise, spread, and evolution of trust and safety. We bring unique perspectives to this story. One of us...

The Supreme Court’s turn to “history and tradition” raises the critical question of what to do about “bad traditions.” If the customs of yore were...

On Friday, the archconservative U.S. Court of Appeals for the 5th Circuit issued a stunning nationwide injunction that directly affects one-fourth of...

In the four years since the Supreme Court decided Dobbs, cases involving abortion have come before it repeatedly. Each time, the court has ducked the...

After an impatient wait, the U.S. Supreme Court finally handed down its opinion in Learning Resources, Inc. v. Trump, the tariffs case, on Friday, Feb...

Under President Joe Biden, the U. S. Attorney General appointed a special federal prosecutor to investigate former President Donald Trump’s actions...

The Supreme Court’s current approach to religious freedom reflects an asymmetric view of religious motivation. Under the Free Exercise Clause, the...

In “Corruption, Campaign Finance, and Criminal Law,” Deborah Hellman examines the legacy of Buckley v. Valeo in making the Supreme Court the final...

Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...

Some egalitarian theories of religious freedom allow for the possibility of religious exemptions. Theories of equal value hold that when the...

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

Filed September 2026.

Treating a tax or tariff as different from a confiscation is an interpretive issue that should be decided by Congress, not the judiciary.

On Nov. 5...

In United States v. Skrmetti the Supreme Court will consider whether Tennessee’s broad prohibitions on gender-affirming care for minors violates the...

An important piece of the “speech-tort” picture has been almost completely missing from doctrinal and policy analysis: the role played by liability...

In Trump v. CASA, the Supreme Court held that district courts do not have the authority to issue “universal” injunctions that protect nonparties...