What's Mine Is Yours: Does the Constitution Permit a State to Tax the Income of a Corporate Family

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

After several years of dramatic growth, ESG investing seems to have entered a period of retrenchment.  While it is impossible to predict the future...

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...

Research correlating stringency in land-use regulation to low housing supply, high housing costs, and segregation relies on surveys of planners about...

Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...

Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...

Liberalism is back on its heels, pushed there by political movements in the United States and Europe and by the critiques of legal scholars and...

Cities have been largely absent from the theory and legal doctrine of federalism, especially in the United States, where federalism is understood to...

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

Income inequality is a national preoccupation, and the public’s imagination is captured by the astronomical incomes of Valley tech billionaires and...

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

The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...

We examine the legal terms in the market for green bonds, debt instruments in which proceeds are earmarked, directly or indirectly, for projects with...

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

Consequential damages have been a cornerstone of contract doctrine since the broken crankshaft in Hadley v. Baxendale. And the Hadley rule is one of...

In New York State Rifle & Pistol Association v. Bruen, Justice Thomas’s majority opinion announced that the key to applying originalist methodology...

In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...