Academic and market interest in environmental, social, and governance (ESG) investing has grown markedly in recent years. Although less prominent, a...
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...
In this chapter, we put forth a case study of Elon Musk's acquisition of Twitter. We detail the legal and contractual issues that arose as the parties...
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 essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...
The recently-announced $50 billion loan package from the G7 nations to Ukraine fell short of the $300 billion or so hoped for by the designers of its...
Critics of initiatives to diversify corporate boards frequently rely on efficiency arguments. Diversity opponents marshal four principal claims. First...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
The number of law firm partners who identify as women has more than doubled since 1993. Will these gender parity advances regress as employers curb...
A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...
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...
The history of public policy is littered with failures to solve large-scale social problems using interventions derived from behavioral science...
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...
As our nation emerges from the shadow of COVID-19, the general public is coming to grips with a stark reality looming over our public schools...
