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Law Review
Justice O’Connor’s recently released Supreme Court papers reveal the untold story of how the Court systematically dismantled religious accommodation protections in the decade leading up …
The non-punishment principle is a legal norm that has increasingly gained legitimacy over the past quarter-century within international, regional, and domestic law on human trafficking. …
Soon enough, the police will have the capacity to know almost everything about everyone. Not because most of us are suspected of doing anything wrong, …
Introduction When the Supreme Court handed down its decision in Trump v. United States granting ex-presidents a broad new immunity from criminal prosecution, it ensured …
Introduction Jonathan Adler recently posted the provocative piece: “Is the Federal Prohibition on Felon Firearm Possession Constitutional?”[1] Although Second Amendment challenges are all the rage, …
Introduction A new arrangement of First Amendment positions has upturned constitutional discourse in key areas. Familiar perspectives have transposed not only in Supreme Court opinions …
Introduction Diversity, equity, and inclusion (DEI)—an effort aimed at remedying historic inequality in opportunities—faces the chopping block. Its opposition claims it commits the very sin …
Introduction The Supreme Court has stated that academic freedom is a “special concern” of the First Amendment.[1] Yet before 1957, there were no American legal …
ARTICLE Bounded Rationality and the Theory of Property Oren Bar-Gill* & Nicola Persico** Strong, property rule protection—implemented via injunctions, criminal sanctions, and supercompensatory damages—is a …
ARTICLE The Fundamental Right to Education Derek W. Black* New litigation has revived one of the most important questions of constitutional law: Is education a …
ARTICLE The Discrimination Presumption Joseph A. Seiner* Employment discrimination is a fact in our society. Scientific studies continue to show that employer misconduct in the …
ARTICLE The New Oral Argument: Justices as Advocates Tonja Jacobi* & Matthew Sag** This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme …