Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can create...

Law and Orders

Rachel Harmon

Coercive policing is conducted mostly by means of commands, and officers usually cannot use force unless they have ﬁrst issued an order. Yet, despite...

Race and Election Law: Interest-Convergence, Minority Voting Rights, and America’s Progress Toward a Multiracial Democracy

Bertrall Ross

At the core of election law in the United States are contestations over the rights of African Americans to participate and be represented in the...

Defining Disparate Treatment: A Research Agenda for Our Times

Deborah Hellman

Both statutory and constitutional law prohibiting discrimination forbid actions taken on the basis of certain traits. But rarely are those traits...

Is it Legal to Travel for Abortion After Dobbs?

Naomi R. Cahn

June Carbone

Nancy Levit

When the Supreme Court recently returned the issue of abortion to the states, Justice Brett Kavanaugh indicated in his concurrence that interstate...

Single, Female And Looking For Business Success: New Research

Naomi R. Cahn

Almost one half of the U.S. population is single, and the number of single people has almost tripled since 1950. Companies run by single CEOs may be...

More Than Abortion Rides on SCOTUS in Dobbs

Naomi R. Cahn

Sonia Suter

The Supreme Court’s leaked draft opinion in Dobbs indicates the final ruling could have far-reaching consequences beyond upending women’s right to...

Voter Data, Democratic Inequality, and the Risk of Political Violence

Bertrall Ross

Douglas Spencer

Campaigns’ increasing reliance on data-driven canvassing has coincided with a disquieting trend in American politics: a stark gap in voter turnout...

Title IX and the Future of Education: Reform or Overhaul?

Julia D. Mahoney

In “A Tale of Two Statutes,” Elizabeth Kaufer Busch takes a hard look at Title IX on its fiftieth anniversary. Her conclusion? That the landmark civil...

The Politics of Proportionality

Micah J. Schwartzman

Nelson Tebbe

In this review of Jamal Greene’s How Rights Went Wrong , we raise a series of questions about proportionality review as a model for adjudicating...

The Hope of Ketanji Brown Jackson's Nomination

Kimberly J. Robinson

For two surreal days this week, I sat next to the family of Judge Ketanji Brown Jackson during hearings on her nomination to the U.S. Supreme Court...

Strengthening Educational Equity through the Federal Response to the Pandemic

Kimberly J. Robinson

Strengthening the Federal Approach to Educational Equity During the Pandemic provides a timely analysis of three issues of great national significance...

Gender Differences in Law School Classroom Participation: The Key Role of Social Context

Molly Bishop Shadel

J. H. Verkerke

Sophie Trawalter

Even though women make up roughly half of the students enrolled in law school today, they do not take up roughly half of the speaking time in law...

The Gender Participation Gap and the Politics of Pedagogy

Molly Bishop Shadel

Anne M. Coughlin

“Speak Up” and similar studies documented something that many thought they already knew about large law school classes: Male students talk a heck of a...

Vaccine Passports as a Constitutional Right

Kevin Cope

Ilya Somin

Alexander Stremitzer

Does the U.S. Constitution guarantee a right to a vaccine passport? In the United States and elsewhere, vaccine passports have existed for over a...

Community-based Re-entry: Breaking the Cycle of Reincarceration

Kelly Orians

Troy Rhodes

In 1988, Troy Rhodes was released from prison for the first time. He had served three years at the Louisiana State Penitentiary at Angola. He vividly...

Remembering: The Constitution and Federally Funded Apartheid

Joy Milligan

For much of the twentieth century, the U.S. government authorized and invested heavily in segregation and racial inequality. Often it did so through...