Bigger than TikTok: Foreign State-Owned Enterprises and the First Amendment
In 2024, President Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act, which bans from the United States… Continue reading →
Volume 174 (2025-2026)
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University Scholarships in the Shadow of SFFA
This Comment examines the legal vulnerability of race-conscious university scholarship programs following the Supreme Court’s landmark 2023 decision in Students… Continue reading →
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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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Defending the Bankrupt Castle
Every year, hundreds of thousands of Americans file for Chapter 7 bankruptcy. In each case, the U.S. Department of Justice… Continue reading →
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Levers of Default: Can the President Unilaterally Alter the Terms of the National Debt?
The inviolability of America’s $30 trillion debt is a cornerstone of global markets and the U.S. economy. This Essay identifies… Continue reading →
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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 →
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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 →