Intersection and Divergence: Some Reflections on the Warren Court, Civil Rights, and the First Amendment

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...

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...

Today, intimate privacy—which seeks to protect access to and information about our body, health, sexuality, gender, intimate thoughts, desires...

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

Although research suggests that countries' colonial experiences are associated with a range of contemporary outcomes, the link between colonial...

Congress and state legislatures are showing renewed interest in youth privacy, proposing myriad new laws to address data extraction, addiction...

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

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...

Content moderation is typically viewed as an affront to free expression. When companies remove online abuse, they face accusations of censorship. Lost...

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...

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...

Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...