Terms of Service and Fourth Amendment Rights
Almost everything you do on the Internet is governed by Terms of Service. The language in Terms of Service typically… Continue reading →
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Unconstitutional Conditions and the Constitutional Text
Federal and state actors sometimes condition access to benefits that they are constitutionally permitted but not obligated to provide on… Continue reading →
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The Sweep and Force of Section Three
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion.… Continue reading →
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Detecting Mens Rea in the Brain
What if the widely used Model Penal Code (MPC) assumes a distinction between mental states that doesn’t actually exist? The… Continue reading →
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Race, Reckoning, Reform, and the Limits of the Law of Democracy
It is a moment of racial reckoning. It is not the first, it will not be the last, and it… Continue reading →
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Justifying Bad Deals
In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and… Continue reading →
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Race in Contract Law
Modern contract law is rife with ideas about race and slavery and cases involving African Americans, but that presence is… Continue reading →
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Gaming Certiorari
Just how “supreme” is the Supreme Court? By most accounts, the Supreme Court sits atop of the nation’s judicial hierarchy… Continue reading →
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The Peace Powers: How to End a War
The Constitution seems silent about who may end a war and how they may do so.There is no “declare peace”… Continue reading →
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The Trajectory of Federal Gun Crimes
Federal gun prosecutions have been a significant part of the federaldocket for decades. In this Article, we explore for the… Continue reading →