A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...
In the first 100 days of his second term, President Donald Trump made a bid for stronger presidential control over federal spending. One key feature of this “appropriations presidentialism,” as two ...
Just as most agree the status quo is not tenable, a consensus is forming around possible fixes. The usual menu begins with the obvious and (mostly) uncontroversial: more legal aid, more pro bono, and ...
The federal government undoubtedly has an interest in immigration detention and its outsourcing to private actors. But states and localities do too, whether for humanitarian, fiscal, ideological, or ...
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The landscape of American history is littered with facially racist, misogynistic, homophobic, xenophobic, and other demeaning, marginalizing, and subordinating laws. Many more facially neutral laws ...
Many question the future of the right to contraception after Dobbs v. Jackson Women’s Health Organization, but Deborah Tuerkheimer argues that the more immediate threats lie beyond the Supreme Court.
This Essay argues that legal challenges to Trump’s restrictive immigration policies should call out white nationalism as the underlying harm, both through raising equal protection claims and in ...
Abstract. Much public debate circles around grassroots activists’ demand to “defund the police,” raised in public consciousness in the summer of 2020. Yet confusion about the demand is pervasive. This ...
To make matters worse, when a woman does report harassment in the workplace and experiences retaliation, her claim often fails. Section 704(a) of Title VII states: A. Changes to Anti-Retaliation Law ...
Abstract. Most low-income tenants facing eviction do not need a lawyer. They need rent money. Recent policy emphasis on right to counsel obscures the real injustice at play in our eviction courts: the ...
Parsing Judge Gorsuch’s writing to gain insight into his future jurisprudence feels like peering into a scrying glass. Our sources are few and inconsistent; his opinions are bound by the facts and ...