Analogical Reasoning and Historical Change in Law: The Regulation of Film and Radio Speech

Liberalism is back on its heels, pushed there by political movements in the United States and Europe and by the critiques of legal scholars and...

We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...

Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...

Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...

In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...

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...

How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...

This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The...

At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...

There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.

The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v...

On Thursday, the Supreme Court subtly transformed the rights of religious workers in America. Under the guise of “clarifying” a nearly 50-year-old...

Looking for a federal law to be declared unconstitutional? Religion may well be your best bet -- and that's true regardless of how "real" your...

This special issue of the Yale Journal of Law and the Humanities contains papers presented at a March 2022 conference at Yale Law School marking the...

Across multiple national surveys sampling more than 12,000 people, we have found that a majority of Americans, more than 60 percent, consider false...

Religion today offers plaintiffs a ready path to disobey laws without consequence. Examples of such disobedience abound. In the past few years alone...

Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two...