The "New Federalism" Approach to Medicaid: Empirical Evidence that Ceding Inherently Federal Authority to the States Harms Public Health

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

Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...

President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.

“If...

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...

Research correlating stringency in land-use regulation to low housing supply, high housing costs, and segregation relies on surveys of planners about...

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

Cities have been largely absent from the theory and legal doctrine of federalism, especially in the United States, where federalism is understood to...

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

Income inequality is a national preoccupation, and the public’s imagination is captured by the astronomical incomes of Valley tech billionaires and...

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

Hot Flash: How Understanding Menopause Can Improve Life and Law for Everyone dissolves the silence and stigma surrounding menopause. The book frames...

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

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

This essay explores the regulation of sperm donation from a reproductive justice perspective. It compares formal sperm donation, which involves...

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

The SEC mandates that public companies assess new information that changes the risks that they face and disclose these if there has been a “material”...

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