In Sickness and in Health: The Constitution Should Give Americans the Right to Basic Health Care

Where do future disabilities fit within the law?  Disability civil rights laws expressly extend rights to individuals with present or past...

Many disdain the use of consequences in legal interpretation. Yet it turns out that interpreters have long used consequences, particularly...

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

The Supreme Court’s evisceration of the federal constitutional right to abortion has raised the specter of criminal and civil liability for abortion...

Trump v. United States’s discovery of broad immunity has rendered the presidency more imperial and unaccountable. This Article tackles four questions...

In the last five years, 27 states have passed bans prohibiting transgender minors from receiving gender-affirming care. These treatments include...

Until he joined the U.S. government in 1934, Robert H. Jackson had been a lawyer in private practice in Upstate New York who was admitted to the bar...

A politically powerful opponent of birthright citizenship railed that the United States cannot “give up the right” to “expel” dangerous “trespassers”...

Curtis Bradley’s new book on Historical Gloss and Foreign Affairs is the definitive account of a mode of constitutional interpretation that has proven...

The Cass Review on gender-affirming care, which has been used to justify bans in U.S. states, transgresses medical law, policy, and practice, which...

Individual duties—like the responsibility to defend the country, pay taxes, or obey the law—are frequently included in national constitutions, but...

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

This chapter critiques the twin World Health Organization (WHO) principles of self-sufficiency and nonremuneration in organs and blood, urging a more...

This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...

Suddenly, the term “civil war” is everywhere, from state and federal immigration battles to abortion access to environmental regulation to election...

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

Almost half of the states in the country have made it harder to get an abortion since the Supreme Court in 2022 overturned the federal right to get an...

It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...