

Children should be seen and not heard, or so the old saying goes. A new version of this adage is now playing out across the United States, as more...
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...
In looking at the history of family law, we locate family law – and the status of women and children within it – as a function of political economy...
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...
When Michael Jackson died in 2009, he left a complicated legacy. But one thing remains true: The King of Pop’s music still generates millions of...
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...
Conservative media titan Rupert Murdoch is making news again – this time, with a secretive effort to change an irrevocable trust. That trust has...
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...