Damages for Constitutional Violations: The Relation of Risk to Injury in Constitutional Torts

For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...

Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...

Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

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

The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...

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

It has long been said that the common law "works itself pure" But in the law of torts, not always. This Article reveals and analyzes the...

In New York State Rifle & Pistol Association v. Bruen, Justice Thomas’s majority opinion announced that the key to applying originalist methodology...

In Poland, Venezuela, Rwanda, and several other countries, governments have in the past years altered basic rules of their constitutional system to...

In Chile, many commentators, academics and political leaders have spent years arguing that the limited nature of the social rights in the national...

Congress may want to prevent nuclear command and control from going fully autonomous. Would such a law be constitutional?

In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...

When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a...

Gender equality matters in the global public law academy for at least three reasons: the production of diverse scholarship, and substantive equality...

Ethnographic approaches are not as widely practiced among constitutional scholars as they probably should be. Some may harbor perfectly reasonable...