In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...

Separation-of-Powers Avoidance

Payvand Ahdout

When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a...

Religion as Disobedience

Xiao Wang

Religion today offers plaintiffs a ready path to disobey laws without consequence. Examples of such disobedience abound. In the past few years alone...

Tangibility and Tainted Reliance in Dobbs

Rachel Bayefsky

In Dobbs v. Jackson Women’s Health Organization , the Supreme Court distinguished between different kinds of reliance interests — some that would...

We Have Only Begun to Fight

Kimberly J. Robinson

This story begins with one parent who took his demands for equal educational opportunity for his children all the way to the highest court of our land...

It’s Time to Abandon (or Closely Monitor) Judicial Life Tenure

Life tenure for the federal judiciary doesn’t promote judicial independence or the development of law as the Framers expected, and should be repealed...

Animus and Its Distortion of the Past

Joy Milligan

Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts...

How Federal Judges Made a Political Game Out of Taking Senior Status

A new study shows that lower court judges, and especially conservatives, are using senior status as a loophole to ensure their replacement by a like...

Public Rights and Taxation: A Brief Response to Professor Parrillo

Ann Woolhandler

A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who...

FOSTA's Mess

Danielle K. Citron

Quinta Jurecic

In 2018, Congress rightly highlighted the problem of sex trafficking, which is a moral abomination and vicious scourge. It condemned sites like...

The Politics of Judicial Dialogue

David S. Law

Mark Tushnet

The idea of judicial dialogue entered into scholarly discussion in the late twentieth century and is used in connection with different phenomena at...

Solidarity Federalism

Erin F. Delaney

Ruth Mason

Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and...

Models of Judicial Review

Mila Versteeg

Tom Ginsberg

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

The Cross, the Confederate, and the Constitution

Richard C. Schragger

Constitutional law has a great deal to say about what symbols are permitted in the public square. Somewhat baroque legal rules (sometimes created...

The Respect for Marriage Act: Living Together Despite Our Deepest Differences

Douglas Laycock

Thomas C. Berg

Carl H. Esbeck

...

The recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage should the Supreme Court...

Experimental Studies on the Normative Force of Law

Kevin Cope

An important question in legal theory and policy is when people are willing to put aside their policy preferences to uphold higher-order legal values...