Due Process and Membership in the National Community: Political Asylum and Beyond

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

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...

Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...

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

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...

Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...

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

On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...

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...

In New York State Rifle & Pistol Association v. Bruen, Justice Thomas’s majority opinion announced that the key to applying originalist methodology...

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

In Poland, Venezuela, Rwanda, and several other countries, governments have in the past years altered basic rules of their constitutional system to...

Berryessa et al. (2022) consider how prior experience as a criminal prosecutor may influence judicial behaviour, but their concerns about prior...