Constitutional torts allow victims of governmental misconduct to seek redress. But the doctrinal regime is in disarray ...

The Supreme Court’s new standing cases have further narrowed the class of claims justiciable in federal court. Some state ...

abstract. Despite a decline in companies’ takeover defenses, provisions barring shareholders from acting by written consent remain intact. A key reason that these antitakeover provisions persist rests ...

This Essay disputes the myth that employment, unlike independent contracting, is inherently inflexible. It traces the roots of this widely shared belief to corporate propaganda and rejects ...

abstract. Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights.

abstract. Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many ...

abstract. There is a growing consensus among scholars and public policy experts that fundamental labor law reform is necessary in order to reduce the nation’s growing wealth gap. According to ...

abstract. Lawrence Lessig’s Fidelity & Constraint: How the Supreme Court Has Read the American Constitution makes an important contribution to “New Originalism.” Lessig observes that judging is ...

abstract. Common wisdom has it that bureaucrats are unaccountable to the people they regulate and must therefore be closely supervised by elected officials or (perhaps ironically) the federal courts.

abstract. This Feature deepens and seeks to provide a foundation for the current broadening in the anti-trust debate and, ultimately, in adjacent areas relating to market organization. As normative ...

abstract. The United States has reached a moment in its constitutional history when the Supreme Court has asserted itself as not only one of, but the exclusive, audience to ask and answer questions of ...

Labor and Employment Law • Gender and Sexual Orientation • Antidiscrimination Law ...