A New Equal Protection
The Supreme Court is dismantling what little is left of an equal protection doctrine capable of promoting a progressive vision… Continue reading →
Volume 174 (2025-2026)
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Public Oversight of Publicly Supported Pharma
The prices of drugs developed with federal funding have received a significant amount of political attention. In 1980, Congress passed… Continue reading →
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Taxing Dynasties
The estate tax and the broader wealth transfer tax system are even more broken than is commonly understood. Over the… Continue reading →
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The Police Archipelago: Decentralization, Police Violence, Over-Punishment, and Crime
A strong consensus has taken hold in the legal academy. Criminal Justice Localism, espoused by scholars of every stripe, promotes… Continue reading →
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Reviving the Medical Monitoring Class Action
The class action was designed to provide peace to a group of wronged plaintiffs with similar claims. When individuals are… Continue reading →
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Judging the Judgement Rule: The Case for Regulating the Use of Museum Deaccessioning
Museums occupy a unique space as charitable organizations that hold their art collections in trust for the public benefit. While… Continue reading →
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“A Whole New Ideology”: The Right to Humane Treatment and the Louisiana Constitution of 1974
Louisiana’s 1974 Constitution represented a landmark expansion of constitutional rights in a state marred by a legacy of racial subordination… Continue reading →
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Procedure, Substance, and Judge Shopping
Every litigant forum shops. Plaintiffs sue where they think they’ll get the best outcome. Defendants can challenge that choice in… Continue reading →
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Making the Party Presentation Principle Safe for Originalism
The Supreme Court sometimes adheres to what it now calls the “party presentation principle”—terminology that dates back to 2008. Although… Continue reading →