A New Equal Protection
The Supreme Court is dismantling what little is left of an equal protection doctrine capable of promoting a progressive vision… Continue reading →
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Public Oversight of Publicly Supported Pharma
The prices of drugs developed with federal funding have received a significant amount of political attention. In 1980, Congress passed… Continue reading →
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Taxing Dynasties
The estate tax and the broader wealth transfer tax system are even more broken than is commonly understood. Over the… Continue reading →
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The Police Archipelago: Decentralization, Police Violence, Over-Punishment, and Crime
A strong consensus has taken hold in the legal academy. Criminal Justice Localism, espoused by scholars of every stripe, promotes… Continue reading →
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Procedure, Substance, and Judge Shopping
Every litigant forum shops. Plaintiffs sue where they think they’ll get the best outcome. Defendants can challenge that choice in… Continue reading →
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Making the Party Presentation Principle Safe for Originalism
The Supreme Court sometimes adheres to what it now calls the “party presentation principle”—terminology that dates back to 2008. Although… Continue reading →
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Post-Neoliberal Housing Policy
For the last half-century, housing policy debates and proposals have been dominated by neoliberal, market-based ideas. But after decades of… Continue reading →
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The Sexual Harassment Silo
The #MeToo movement exposed the pervasiveness of sexual harassment in employment and made clear that legal remedies were sorely lacking.… Continue reading →
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The Ambitions of History and Tradition in and Beyond the Second Amendment
This Article examines the ambitions of history-and-tradition review in and beyond the Second Amendment. In Bruen and Rahimi, the Roberts… Continue reading →
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The Untold Story of the Proto-Smith Era: Justice O’Connor’s Papers and the Court’s Free Exercise Revolution
Justice O’Connor’s recently released Supreme Court papers reveal the untold story of how the Court systematically dismantled religious accommodation protections… Continue reading →