The Anti-Regulation Quartet and Internationally Informed Regulation
Two terms ago, the Supreme Court delivered the Major Questions Quartet. This term produced what commentators widely view as the Anti-Regulation Quartet. The Supreme Court delivered four decisions...
View ArticleEnforceable Ethics for the Supreme Court
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime for the Supreme Court. Vice President Harris and...
View ArticleToward Effectuating the Right to Vote from Jail
Of the 550,000 people detained in city and county jails across the United States, 448,000 are detained awaiting trial. The number of people detained pretrial increased 433% between 1970 and 2015....
View ArticleCriminalizing Community, Policing Space: Conspiracy, Young Thug & the “Stop...
Conspiracy represents the immense sweep and racialized harms of the American criminal system in particularly stark form. Yet it remains widely used by prosecutors and largely uncriticized by...
View ArticleTech Companies’ Terms of Service Agreements Could Bring New Vitality to the...
Innovation in digital technologies dramatically reduces the cost and inconvenience of record creation and collection and stokes law enforcement officials’ insatiable appetite for information about...
View ArticleCourts Should Hold Social Media Accountable — But Not By Ignoring Federal Law
The recent Third Circuit case where the court withheld immunity for TikTok after a child died attempting a “Blackout Challenge” suggested on her “For You Page” was wrongly decided. But TikTok and...
View ArticleSixth Circuit Upholds Overbroad Speech Policies in Parents Defending...
The Supreme Court clarified how to analyze First Amendment facial challenges to state laws last Term in NetChoice v. Moody. Facial challenges are typically challenges to a law as wholly...
View ArticleMachines Need Not Testify: Forensic Reports Under the Confrontation Clause
Since the Supreme Court’s revitalization of the Sixth Amendment’s Confrontation Clause in Crawford v. Washington, the legal world has waited for each installment of the doctrine with bated breath. In...
View ArticleWhat the Student Debt Litigation Portends
The quagmire created by litigation against President Biden’s student loan initiatives provides a preview, if anyone wanted one, of the potential effects of the Supreme Court’s recent decisions...
View ArticleDefending Consent Decrees in the Wake of Horne v. Flores
Consent decrees have long been used by federal courts to vindicate basic constitutional and civil rights. In the years following the U.S. Supreme Court’s decision in Horne v. Flores, however, state...
View ArticlePreempting Toxic Torts: Third Circuit Opens Split on Cancer Warnings in...
Pesticides can cause cancer. For that reason, they have long been the subject of state regulation. However, pesticide manufacturers like Monsanto Company have attempted to utilize the preemption...
View ArticlePolitics of Belonging: Anti-Black Racism, Xenophobia, and Disinformation
Racialized and xenophobic disinformation reinforces an anti-Black and anti-immigrant vision of America where powerful actors intentionally promulgate false information that becomes the norm defining...
View ArticleEffective Pay Transparency Requires Benefit Transparency
“In Massachusetts, on average, women working full-time earn only 84.3% of what men earn. The gap is even larger for some women of color.” Massachusetts and the rest of the country suffer from a...
View ArticleCulp v. Commissioner and Tax Court Access for Low-Income Litigants
Statutory deadlines in the tax code have historically been interpreted by the Tax Court as jurisdictional. When a statutory filing deadline is jurisdictional, the petitioner’s failure to file by the...
View ArticleSisterSong v. State of Georgia: A Feminist History and Tradition?
It’s no secret that history will shape the future of abortion rights in the United States. When the Supreme Court overruled Roe v. Wade in 2022, the majority, in an opinion by Justice Alito, made...
View ArticleHow Much of the Regulatory State is Safe Post–Loper Bright?
Federal courts cited Chevron U.S.A. v. Natural Resources Defense Council over 18,000 times in the four decades before its downfall in Loper Bright Enterprises v. Raimondo. But Chief Justice Roberts...
View ArticleHistory Absolves the FTC: A Defense of the Rule on Non-Competes and...
The Federal Trade Commission’s (FTC’s) Non-Compete Clause Rule (the “Rule”), finalized in spring 2024, effectively bans all non-compete clauses and “functional” non-compete clauses based on their...
View ArticleAnchors Astray: Why the Service Academy Exception is Wrong
Last month, Judge Richard Bennett of the District of Maryland ruled that the U.S. Naval Academy can continue using race in its admissions decisions. This ruling creates an unjustified exception from...
View ArticleCommunity Integration of People with Disabilities A Quarter Century After...
June 2024 marked the twenty-fifth anniversary of the U.S. Supreme Court’s landmark Americans with Disabilities Act (ADA) decision in Olmstead v. L.C. holding that the unnecessary institutional...
View ArticleAbout the California Fires
The first principle of insurance reflects the fundamental lesson of the tragic California fires: you can’t get something for nothing. If expected losses from wildfires this year are $N, and the...
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