When Earl Warren stepped down as Chief Justice of the United States in 1969, an era ended. Anthony Lewis of the New York Times referred to the 16 years of Warren's tenure as years of legal revolution. "In that time," he wrote, "the Supreme Court has brought about more social change than most Congresses and most Presidents." Appraisals of the work of the Warren Court varied sharply. Harvard's Archibald Cox was confident that historians would find the decisions of the Warren Court "in keeping with the mainstream of American history-a bit progressive but also moderate, a bit humane but not sentimental, a bit idealistic but seldom doctrinaire and in the long run essentially pragmatic-in short, in keeping with the true genius of our institutions."
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
The Environmental Law and Community Engagement Clinic at the University of Virginia School of Law filed this amicus brief on behalf of San Bernardino...
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...
On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...
On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade. In the...
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...
This Article introduces the Jurist-Derived Judicial Ideology Scores (JuDJIS), an expert-sourced measure of judicial traits that can locate nearly...
We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...
It is widely believed that President Donald Trump’s judicial appointments reflected a strategy of appeasing evangelical Christians and other religious...
Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...
We apply a dynamic influence model to the opinions of the U.S. federal courts to examine the role of the U.S. Supreme Court in influencing the...
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...
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...