Reconsidering Burdens of Proof: Ideology, Evidence, and Intent in Individual Claims of Employment Discrimination

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

Evidence law controls what information will be admissible in court and when, how, and by whom it may be presented. It shapes not only the trial...

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...

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

Forensic evidence has become a common tool in police investigations and a familiar form of evidence at trial. Forensic scientists are trained to...

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

William Blackstone famously expressed the view that convicting the innocent constitutes a much more serious error than acquitting the guilty. This...

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...

When the Supreme Court recently returned the issue of abortion to the states, Justice Brett Kavanaugh indicated in his concurrence that interstate...

In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like...

Almost one half of the U.S. population is single, and the number of single people has almost tripled since 1950. Companies run by single CEOs may be...

The Supreme Court’s leaked draft opinion in Dobbs indicates the final ruling could have far-reaching consequences beyond upending women’s right to...

Campaigns’ increasing reliance on data-driven canvassing has coincided with a disquieting trend in American politics: a stark gap in voter turnout...