Virtue jurisprudence is an approach to normative legal theory that answers normative questions about law from a perspective that is centred on the...
Reconstructing Parentage is a comprehensive investigation into what makes someone a parent. Drawing on liberal-egalitarian philosophy, the book argues...
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...
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...
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...
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...
Scholars regard the 1923 League of Nations experts’ report as the origin of the international tax system as we know it. The experts’ report noted the...
This Chapter discusses citizenship taxation as a potential solution to the challenges posed by increasing global mobility and the digitalization of...
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...
A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...
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...
For the Balkinization Symposium on Neil S. Siegel, The Collective-Action Constitution (Oxford University Press, 2024)
Neil Siegel has written a grand...
In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...
In an earlier article titled The Executive Power of Removal, we contended that Article II gives the President a constitutional power to remove...
The Supreme Court has twice held since 2020 that statutory restrictions on the President’s removal power violate Article II of the U.S. Constitution...
