Occasionally Libertarian: Experimental Evidence of Self-Serving Omission Bias

We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

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...

This article discusses the links between climate and debt sustainability by focusing on how climate mitigation and adaptation are paid for, and who...

There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.

Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can create...

This special issue of the Yale Journal of Law and the Humanities contains papers presented at a March 2022 conference at Yale Law School marking the...

I’m writing about a book of mine that may be of interest to the election law community. The title is Public Law and Economics, my coauthor is Robert...

Across multiple national surveys sampling more than 12,000 people, we have found that a majority of Americans, more than 60 percent, consider false...

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...

Sometimes a police officer can only stop a fleeing suspect by striking or shooting him. When is it morally justified to use such force rather than let...

This chapter looks to the role of the market as a mediating institution in the culture wars that so polarize American society. Rather than seeing...

Philosophers have debated whether the advance directives of Alzheimer’s patients should be enforced, even if patients seem content in their demented...