Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts... MORE
A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who... MORE
In 2018, Congress rightly highlighted the problem of sex trafficking, which is a moral abomination and vicious scourge. It condemned sites like... MORE
Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and... MORE
In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more... MORE
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating... MORE
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... MORE
Does the U.S. Constitution guarantee a right to a vaccine passport? In the United States and elsewhere, vaccine passports have existed for over a... MORE
Artificial intelligence tools (“AI”) have great potential to improve government functions and efficiency. These algorithmic tools, protected by trade... MORE
Last month, the U.S. Supreme Court heard oral arguments in National Pork Producers Council v. Ross, a Ninth Circuit case out of California dismissing... MORE
Notwithstanding the efforts that have been made to pluralize the concept, constitutionalism continues to be identified closely with, and for many... MORE
The burgeoning debates about constitutional interpretation show no signs of abating. With surprisingly few exceptions, however, those debates involve... MORE
In “A Constitution for the Common Good?” James Stoner argues that common good constitutionalism “deserves serious attention” as “a way of thinking... MORE
When the Supreme Court recently returned the issue of abortion to the states, Justice Brett Kavanaugh indicated in his concurrence that interstate... MORE
"As a constitutional matter, Dobbs provides a clear opening for overturning Obergefell and returning the regulation of marriage to the democratic... MORE
Without question the most important thing about the Dobbs decision is its dramatic impact on the availability of abortion access for women in huge... MORE
