Free Speech and the Bifurcated Review Project: The “Preferred Position” Cases

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

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...

Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...

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...

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

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...

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...

In New York State Rifle & Pistol Association v. Bruen, Justice Thomas’s majority opinion announced that the key to applying originalist methodology...

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...

In Poland, Venezuela, Rwanda, and several other countries, governments have in the past years altered basic rules of their constitutional system to...