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

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

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

We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...

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

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

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

This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The...

On Aug. 14, a Montana district court released a groundbreaking decision for climate change activists. In Held v. Montana, the court announced that...

At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...

There is one group that the court does not put into an identity straitjacket—those claiming religious exemptions.

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

This special issue of the Yale Journal of Law and the Humanities contains papers presented at a March 2022 conference at Yale Law School marking the...

Across multiple national surveys sampling more than 12,000 people, we have found that a majority of Americans, more than 60 percent, consider false...

Rural America, as has been well documented, faces many challenges. Businesses and people are migrating to more urban and suburban regions. The...

Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two...

California’s legislature has passed several laws that intervene in local land-use regulation in order to increase desperately needed housing...

This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...

Sometimes a police officer can only stop a fleeing suspect by striking or shooting him. When is it morally justified to use such force rather than let...