And why I think they are wrong, and the Supreme Court should step in.

Neil Duxbury, London School of Economics Law School, is publishing The General Law Renaissance and the Common Law in volume 102 of the Notr...

The United States is undergoing a legal realignment, in that salient legal views recently associated with the right are now being espoused by the left, and vice

For much of its fifty-year existence, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics has served as a tenuous counterpart to Section 1983, pro

The great writer, activist, and scholar W.E.B. Du Bois saw his career unfold alongside the development of Legal Realism, an intellectual movement whose rapid ri

<div> <i>Partisan</i> gerrymandering is a familiar practice. But <i>intra-partisan</i> gerrymandering—one faction within a party designing districts to handica

Law has been on a journey: from an emanation of a sovereign (Rule of Men) to a set of principles designed to prevent arbitrary rule (Rule of Law) to massive leg

This essay examines three competing responses to the crisis of the administrative state in the Trump Era: libertarianism; proceduralist liberalism drawing on Ch

<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the for

Justice Kagan recently made widely reported remarks at the Ninth Circuit judicial conference.

In recent remarks before the Ninth Circuit Judicial Conference, Justice Kagan rejects the conventional liberal narrative about the Supreme Court.

In recent remarks before the Ninth Circuit Judicial Conference, Justice Kagan rejects the conventional liberal narrative about the Supreme Court.

Does the Ruling Map onto Doctrine?

Maximalism in Barbara and Cook

Soon available for purchase: Law, Narrative, Narratology: Interdisciplinary Essays (Greta Olson and Simon Stern, eds., New York Universit...

Introduction As legal scholars, we have tremendous freedom to choose what we study and how we study it, to engage with the relationship between how law is and what legal arrangements might help move u...

As the United States marks the 250th anniversary of its Declaration of Independence, “America Unfinished” brings together more than 60 legal scholars from the Harvard Law School faculty, each writing ...

Twenty-eight years ago, I wrote an article summarizing a pair of essays written in 1900 by Arthur Machen, Jr., in the Harvard Law Review. M...

Or, What to Make of Polarized SCOTUS Commentary

<p>American civil rights law has always been tied to the project of building a multiracial democracy that guarantees full and equal membership in the community

The vindication of its authority is remarkable

<div> Unitary executive theory has, since <i>Myers v. United States</i>, been premised on a conception of democratic accountability. On this view, the presiden

After berating the Supreme Court for much of the year — while simultaneously inviting some of the justices over to the White House for dinner — President Donald Trump’s final assessment of the court’s...

a guest post on the law of intergovernmental agreements

NA In my last post, I explained why today's Supreme Court Second Amendment ruling was right. In this one, I…

Today, the Supreme Court issued a terrible Takings Clause decision in Pung v. Isabella County. It's the worst Supreme Court…

Lawson A. Wright (Princeton University) has posted The Original Impartial Jury: Replacing the Fair Cross-Section Test with the Sixth Amendment&#8217;s Original Impartial Venire Selection Rule on SSRN. Here is the abstract: Since Taylor v. Louisiana, the Supreme Court has interpreted the Sixth Amendment&#8217;s guarantee of an &#8220;impartial jury&#8221; to require that jury pools reflect a fair cross-section of the community. That doctrine has largely escaped the Court&#8217;s originalist revolution, even though it is difficult to reconcile with the Sixth Amendment&#8217;s history and original meaning.

Opinion: Imposing a uniform "hold open" date for job offers to law students would likely put much-needed brakes on accelerated recruiting.

<p><span>Federal administrative law is in flux. The Roberts Court has upended its doctrinal foundations, and the Second Trump Administration has flouted its lon

Today's Supreme Court decision in United States v. Hemani is interesting for multiple reasons. (1) It is the first Second Amendment case on ...

Devon W. Carbado (University of California, Los Angeles (UCLA) - School of Law) has posted Can you be Black and Teach that?, New York University Law Review (forthcoming) on SSRN. Here is the abstract: Notwithstanding the broad literature on race and constitutional criminal procedure, scholars have rarely engaged the epistemological burdens Fourth Amendment law imposes on Black students and faculty.

An Atlanta federal judge who had an affair in her chambers sent her former clerks revised apology letters Thursday, hours after a media report that she sent three-line letters that didn’t address her ...

What is unprincipled adjudication and when, if ever, is it justified? In addressing those questions, this essay attempts to complete a project begun with Profes