Pruneyard Shopping Center v. Robins

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

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

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

It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...

Privacy is a key issue in AI regulation, especially in a sensitive area such as healthcare. The United States (US) has taken a sectoral approach to...

Reviewing, (For the Balkinization Symposium on) Solangel Maldonado, The Architecture of Desire: How the Law Shapes Interracial Intimacy and...

At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...

Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...

In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past...

In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the...

Does the U.S. Constitution protect the affirmative right to vote? Those focusing on the Constitution’s text say no. Yet, the Supreme Court has treated...

This book responds to a sea change in federal civil rights law. Its focus is on the recent decisions on affirmative action, almost entirely rejecting...

On Thursday afternoon, in an important lawsuit seeking to clarify which religious objectors will be taken seriously when they seek legal exemptions, a...

In their article, The “Free White Person” Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel J. Chin and Paul Finkelman make a...

The recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage if the Supreme Court overrules...

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

The role of implicit racial biases in police interactions with people of color has garnered increased public attention and scholarly examination over...