Immigration Enforcement and Constraints on Information Commandeering
The debate over American immigration policy reflects deep moral divides over the meaning of American identity and the scope of… Continue reading →
174 (2025-2026)
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State Anti-Doxing Statutes and #MeToo
In August 2014, a programmer named Eron Gjoni posted a 10,000-word exposé on his blog about video game developer Zoë… 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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Power and Immunity in Youngstown and Trump v. United States
Introduction When the Supreme Court handed down its decision in Trump v. United States granting ex-presidents a broad new immunity… Continue reading →
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Counsel Fees and Procedural Justice
Introduction Imagine you are charged with a felony. You are indigent, so the judge appoints a lawyer to represent you.… Continue reading →
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Redefining Program Integrity: Protecting Consumers and Systems in the Affordable Care Act Marketplaces
In February 2023, Ashley Zukoski, an ultrasound technologist who already received health insurance through her employer, discovered she had been… 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 →