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...
Societies worldwide are polarized over social justice, with identity-based status hierarchies manifesting inequalities at both individual and...
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...
Colleges and universities nationwide struggled to respond to student protests this past academic year. And this fall may prove even more challenging...
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...
Prof. Kim Forde-Mazrui of the University of Virginia responds to Sonja Starr’s print Article, The Magnet School Wars and the Future of Colorblindness...
In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the...
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 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 February 2024, the Alabama Supreme Court issued an unprecedented decision, finding that frozen embryos should be treated as children under Alabama...
The recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage if the Supreme Court overrules...
The role of implicit racial biases in police interactions with people of color has garnered increased public attention and scholarly examination over...
St. George Tucker is commonly regarded as the most important commentator on American law in the first half of the nineteenth century, and the first...
Working hand-in-hand with the private sector, largely in a regulatory vacuum, policing agencies at the federal, state, and local level are acquiring...
This article argues that federal Indian law is located at the intersection of two competing paradigms: exceptionalism, under which Indian law is...
