Introduction The Confrontation Clause of the Sixth Amendment guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right… Continue reading →
Is “fear to speak” a cognizable injury in fact under Article III of the U.S. Constitution? Modern standing doctrine provides… Continue reading →
Presidents often develop physical and mental impairments during their tenure in the White House. While certain impairments have a neutral… Continue reading →
For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on… Continue reading →
Introduction Trump v. United States is a blockbuster decision that has been reviled and celebrated by different quarters of American… Continue reading →
As Judge Jack Weinstein says, the Third Restatement of Torts “should attempt to synthesize a tort law for the industrialized… Continue reading →
Although expertise is a pillar of public administration and administrative law, the government is increasingly missing experts. The U.S. federal… Continue reading →
New York State Rifle & Pistol Association v. Bruen announced a novel constitutional test for gun regulation. This test requires gun… Continue reading →
There is a harmful mismatch between how information published by the government is perceived—as highly trustworthy—and the reality that it… Continue reading →
Introduction Marriage is all around us. While in many respects, marriage is an intimate relationship between individuals, it is also… Continue reading →