How to Stop Worrying and Learn to Love the Nuclear Option

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

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...

On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...

On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade.  In the...

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

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

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

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

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

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

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

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

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

In Poland, Venezuela, Rwanda, and several other countries, governments have in the past years altered basic rules of their constitutional system to...

In Chile, many commentators, academics and political leaders have spent years arguing that the limited nature of the social rights in the national...

We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...