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 →
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The Non-Punishment Principle and Restorative Justice
The non-punishment principle is a legal norm that has increasingly gained legitimacy over the past quarter-century within international, regional, and… Continue reading →
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The Constitutionality of Indiscriminate Data Surveillance
Soon enough, the police will have the capacity to know almost everything about everyone. Not because most of us are… Continue reading →
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Energy Emergencies and Energy Federalism
Immediately following his inauguration, President Trump declared a national energy emergency in the United States. While the contours and implications… Continue reading →
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Loper Bright’s Disingenuity
Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling… Continue reading →
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Bruen Was Right
New York State Rifle & Pistol Association v. Bruen is one of the most methodologically significant—and widely maligned—constitutional law decisions… Continue reading →
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Policing as General Warrants
The drafters of the Bill of Rights and its proponents envisioned a document constitutionalizing protections against some of the worst… Continue reading →