Insanity and the Supreme Court

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...

Lack of criminal responsibility due to “legal insanity” is probably one of the most misunderstood concepts in the criminal legal system.  Contrary to...

The United States is undergoing a legal realignment, in that salient legal views recently associated with the right are now being espoused by the left...

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

History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...

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...

The history of public policy is littered with failures to solve large-scale social problems using interventions derived from behavioral science...

After a term in which the conservative Roberts court swept aside the Chevron doctrine, a decision that will clip federal agencies’ authority to enact...

Detailed descriptions of violent postictal episodes are rare. We provide evidence from an index case and from a systematic review of violent postictal...

At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...

In Cantero v. Bank of America, the US Supreme Court declined to decide whether Bank of America Corp. must pay interest on New York mortgage borrowers’...

The Supreme Court has overruled Chevron v. Natural Resources Defense Council, finally interring a doctrine of statutory interpretation that it had...

On June 27, 2024, the U.S. Supreme Court dismissed a case brought by the federal government regarding whether Idaho’s abortion ban conflicts with a...

Our perceptions of what we owe each other turn somewhat on whether we consider “another” to be “an other”—a stranger and not a friend. In this essay...

Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...

In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the...

Does the U.S. Constitution protect the affirmative right to vote? Those focusing on the Constitution’s text say no. Yet, the Supreme Court has treated...