Guarding Republican Liberty: St. George Tucker and Judging in Federal Virginia

Virtue jurisprudence is an approach to normative legal theory that answers normative questions about law from a perspective that is centred on the...

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...

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...

State public utility commissions are at the forefront of the clean-energy transition. These state agencies, which have jurisdiction over energy...

The view that international law functions independently of municipal law (hermetically), does not reflect contemporary international practice. Instead...

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...

Research correlating stringency in land-use regulation to low housing supply, high housing costs, and segregation relies on surveys of planners about...

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...

Although ethical critiques of markets are longstanding, modern academic debates about the “moral limits of markets” (MLM) tend to be fairly limited in...

Many analyses of law take an unsentimental, perhaps even cynical view of regulated actors. On this view, law is a necessity borne of people’s selfish...

Cities have been largely absent from the theory and legal doctrine of federalism, especially in the United States, where federalism is understood to...

Income inequality is a national preoccupation, and the public’s imagination is captured by the astronomical incomes of Valley tech billionaires and...

It is commonly assumed that local land use regulations—and especially single-family and other restrictive zoning classifications—limit housing supply...

How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...