Custom and Usage as Action under Color of State Law: An Essay on the Forgotten Terms of Section 1983

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

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 an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past...

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

This book responds to a sea change in federal civil rights law. Its focus is on the recent decisions on affirmative action, almost entirely rejecting...

On Thursday afternoon, in an important lawsuit seeking to clarify which religious objectors will be taken seriously when they seek legal exemptions, a...

In February 2024, the Alabama Supreme Court issued an unprecedented decision, finding that frozen embryos should be treated as children under Alabama...

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...

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

This article argues that federal Indian law is located at the intersection of two competing paradigms: exceptionalism, under which Indian law is...

More than a year after the Supreme Court found there is no fundamental right to get an abortion, 21 states have laws in effect that ban abortion well...

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

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...