For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
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 idea of institutionalism figures prominently in today’s debates about the role of federal courts in American democracy. For example, Chief Justice...
The decision in Students for Fair Admissions v. President and Fellows of Harvard [SFFA], invalidating the use of race in college admissions, reignites...
Long lines inside Bodo’s Bagels, congestion on Emmet Street and a seemingly endless stream of runners and scooters zooming past your car in early...
The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed...
Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and...
Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts...
This year marks the fiftieth anniversary of the Supreme Court’s decision in San Antonio Independent School District v. Rodriguez that our Constitution...
This project is part of ALI’s ongoing revision of the Restatement Second of Torts. The Restatement Second recognized compensatory damages, injunctions...
An important administrative law doctrine developed by the lower federal courts, called remand without vacatur, rests on a mistaken premise. Courts...
At its meeting on January 19 and 20, 2023 the Council approved Council Draft No. 2, containing §§ 5, 11, and 12 of Topic 1, General Rules for...
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...
This Article examines the legal issues underlying hundreds of lawsuits, claiming unjust enrichment or breach of contract, brought by students who paid...