The Efficient Use of Group Averages as Nondiscrimination: A Rejoinder to Professor Benston

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...

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

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...

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...

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...

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...