On Aug. 14, a Montana district court released a groundbreaking decision for climate change activists. In Held v. Montana , the court announced that...

Do Land Use Plans Affirmatively Further Fair Housing?

Moira O'Neill

Paavo Monkkonen

Michael Lens

...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

Can Congress Bar Fully Autonomous Nuclear Command and Control?

Ashley S. Deeks

Matthew Waxman

Congress may want to prevent nuclear command and control from going fully autonomous. Would such a law be constitutional?

Bad Faith Prosecution

Ann Woolhandler

Michael G. Collins

Jonathan Remy Nash

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judiciary doesn’t promote judicial independence or the development of law as the Framers expected, and should be repealed...

Those Who Need the Most, Get the Least: The Challenge of, and Opportunity for Helping Rural Virginia

Andrew Block

Antonella Nicholas

Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The...

Measuring Local Policy to Advance Fair Housing and Climate Goals through a Comprehensive Assessment of Land Use Entitlements Study

Moira O'Neill

Eric Biber

California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing...

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...

State Separation of Powers and the Federal Courts

Ann Woolhandler

The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen...

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...

Do Investors Care about Municipal Debtors’ Access to Bankruptcy? Evidence from Bond Disclosures

G. Mitu Gulati

Richard C. Schragger

A key question in the academic and policy debates over the optimal architecture for sovereign debt has long been whether sovereigns should be given...