American Democracy Still Has a Lot Going for It

Although the U.S. Constitution is widely described as lacking enforceable social rights, a recent line of cases from the Ninth Circuit recognizes a...

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...

At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...

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

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

Article II of the Constitution says that “[t]he executive Power shall be vested in a President of the United States of America.” Of course, the...

Until he joined the U.S. government in 1934, Robert H. Jackson had been a lawyer in private practice in Upstate New York who was admitted to the bar...

Earlier this year, President Donald Trump suggested that there could be “an interesting problem” with the Treasury market that would justify non...

This casebook provides an overview of the wide range of legal and ethical issues facing lawyers in practice. As did prior editions, the Seventh...

Few constitutional issues have been as significant to the first 100 days of the second Trump Administration as the question whether the President may...

“In a time when disinformation is being laundered through government agencies, the responsibility to protect evidence-based care falls to courageous...

Constitutional scholars have long observed that the term “constitutional crisis” is overused. Pundits and scholars routinely use it to describe...

A distinct set of six institutions and traditions makes the country hard to subjugate to an authoritarian’s will.

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...

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

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