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...
Lack of criminal responsibility due to “legal insanity” is probably one of the most misunderstood concepts in the criminal legal system. Contrary to...
Societies worldwide are polarized over social justice, with identity-based status hierarchies manifesting inequalities at both individual and...
In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...
The history of public policy is littered with failures to solve large-scale social problems using interventions derived from behavioral science...
Memory issues stemming from criminal trials that involve the reliability of eyewitnesses are well-known. However, the relevance of memory to law...
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...
Detailed descriptions of violent postictal episodes are rare. We provide evidence from an index case and from a systematic review of violent postictal...
Colleges and universities nationwide struggled to respond to student protests this past academic year. And this fall may prove even more challenging...
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...
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...