Big Data and Predictive Reasonable Suspicion
The Fourth Amendment requires “reasonable suspicion” to stop a suspect. As a general matter, police officers develop this suspicion based… Continue reading →
Search results for: “Article”
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The Power to Privilege
A new and startling development has recently occurred in the law of delegation: Congress has for the first time expressly… Continue reading →
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The Oath of Office: A Pillar of the Rule of Law
Keynote Speech Thank you for inviting me to be the keynote speaker at the University of Pennsylvania Law Review’s Annual… Continue reading →
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Common-Law Limits on Firearms Purchases by Minors: The Original Understanding
Prohibitions on the purchase and use of firearms by individuals between the ages of eighteen and twenty-one have emerged as… Continue reading →
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Clarifying the “Clear Meaning” of Separability
Speaking of the Copyright Act of 1909, noted copyright scholar Benjamin Kaplan had this to say about the role of… 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 →
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“Mistakes” In War
In 2015, the United States military struck a hospital in Afghanistan run by Médecins Sans Frontières, killing forty-two staff and… Continue reading →
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The Law of Geographic Labor Market Inequality
How the law contributes to economic inequality is the subject of renewed attention, but the legal dimensions of geographic inequality… 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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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 →