A distinct set of six institutions and traditions makes the country hard to subjugate to an authoritarian’s will.
Virtue jurisprudence is an approach to normative legal theory that answers normative questions about law from a perspective that is centred on the...
Reconstructing Parentage is a comprehensive investigation into what makes someone a parent. Drawing on liberal-egalitarian philosophy, the book argues...
In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles...
We introduce altruism into standard models of bargaining and explore its implications for the Coase Theorem. A strict interpretation of the Coase...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...
Societies worldwide are polarized over social justice, with identity-based status hierarchies manifesting inequalities at both individual and...
Our perceptions of what we owe each other turn somewhat on whether we consider “another” to be “an other”—a stranger and not a friend. In this essay...
Prof. Kim Forde-Mazrui of the University of Virginia responds to Sonja Starr’s print Article, The Magnet School Wars and the Future of Colorblindness...
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 book responds to a sea change in federal civil rights law. Its focus is on the recent decisions on affirmative action, almost entirely rejecting...
The role of implicit racial biases in police interactions with people of color has garnered increased public attention and scholarly examination over...
Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make...
Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
Judicial reform efforts aimed at rectifying historical gender and racial inequalities understandably focus on increasing the number of women and...
On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...
