Employment Discrimination: Law and Theory, 2011 Supplement

The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time...

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

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...

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

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...

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

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

Working hand-in-hand with the private sector, largely in a regulatory vacuum, policing agencies at the federal, state, and local level are acquiring...

The decision in Students for Fair Admissions v. President and Fellows of Harvard [SFFA], invalidating the use of race in college admissions, reignites...

In this paper we investigate whether gender is associated with the content of judicial opinions in the U.S. courts of appeals. Using a topic model...

Employment contract law is an antiquated, ill-fitting, incoherent mess. But no one seems inclined to fix this problem. Employment law scholars...

Coercive policing is conducted mostly by means of commands, and officers usually cannot use force unless they have first issued an order. Yet, despite...

This year marks the fiftieth anniversary of the Supreme Court’s decision in San Antonio Independent School District v. Rodriguez that our Constitution...

Both statutory and constitutional law prohibiting discrimination forbid actions taken on the basis of certain traits. But rarely are those traits...

In this Foreword, I lay out the case for intimate privacy—what it is, why it is in jeopardy, and how we can fight to get it back, if we try...