A distinct set of six institutions and traditions makes the country hard to subjugate to an authoritarian’s will.
Virtue jurisprudence is an approach to normative legal theory that answers normative questions about law from a perspective that is centred on the...
Reconstructing Parentage is a comprehensive investigation into what makes someone a parent. Drawing on liberal-egalitarian philosophy, the book argues...
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...
Today, intimate privacy—which seeks to protect access to and information about our body, health, sexuality, gender, intimate thoughts, desires...
Congress and state legislatures are showing renewed interest in youth privacy, proposing myriad new laws to address data extraction, addiction...
In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles...
We introduce altruism into standard models of bargaining and explore its implications for the Coase Theorem. A strict interpretation of the Coase...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...
Content moderation is typically viewed as an affront to free expression. When companies remove online abuse, they face accusations of censorship. Lost...
Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...
Our perceptions of what we owe each other turn somewhat on whether we consider “another” to be “an other”—a stranger and not a friend. In this essay...
The recent mass arrests of pro-Palestinian demonstrators have left many asking how such suppression can be justified in a free society. Yet—despite...
On Thursday afternoon, in an important lawsuit seeking to clarify which religious objectors will be taken seriously when they seek legal exemptions, a...
Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make...
Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
