Section 230’s Challenge to Civil Rights and Civil Liberties

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

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...

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

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

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

In this Foreword, I lay out the case for intimate privacy—what it is, why it is in jeopardy, and how we can fight to get it back, if we try...

When the Supreme Court recently returned the issue of abortion to the states, Justice Brett Kavanaugh indicated in his concurrence that interstate...

Almost one half of the U.S. population is single, and the number of single people has almost tripled since 1950. Companies run by single CEOs may be...

The Supreme Court’s leaked draft opinion in Dobbs indicates the final ruling could have far-reaching consequences beyond upending women’s right to...

Campaigns’ increasing reliance on data-driven canvassing has coincided with a disquieting trend in American politics: a stark gap in voter turnout...

In “A Tale of Two Statutes,” Elizabeth Kaufer Busch takes a hard look at Title IX on its fiftieth anniversary. Her conclusion? That the landmark civil...

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...

Strengthening the Federal Approach to Educational Equity During the Pandemic provides a timely analysis of three issues of great national significance...

Even though women make up roughly half of the students enrolled in law school today, they do not take up roughly half of the speaking time in law...

“Speak Up” and similar studies documented something that many thought they already knew about large law school classes: Male students talk a heck of a...