In the state constitutional conventions of the Reconstruction South, biracial coalitions of delegates constitutionalized universal public-school systems and kept their constitutions free from ...
abstract. The Supreme Court is poised to toughen the nondelegation doctrine to strike down acts of Congress that give broad discretion to administrators, signaling a potential revolution in the ...
The doctrine of judicial deference to executive interpretation casts a long shadow over the entire field of American public law. That doctrine—now commonly associated with the Supreme Court’s opinion ...
abstract. In the childcare and home-care sectors of the “care economy,” wages are low and working conditions are poor, driving high turnover and inadequate access to care. This Note introduces the ...
abstract. The built environment is characterized by man-made physical features that make it difficult for certain individuals—often poor people and people of color—to access certain places. Bridges ...
abstract. This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal ...
The four justifications listed above for applying a proportionality principle to punitive damages can readily be applied in other contexts. Below, I elaborate on these justifications and explain how ...
114 Yale L.J. 781 (2005) Do you have the right to destroy that which is yours? This Article addresses that fundamental question. In contested cases, courts are ...
abstract. It is a consequential moment for American labor unions. Over the past decade, public support for labor unions has skyrocketed. Yet even in this moment of renewed public interest, I argue ...
abstract. One of the most controversial trends in American civil justice is litigation lending: corporations paying plaintiffs a lump sum in return for a stake in a pending lawsuit. Although causes of ...
abstract. The last two years have witnessed a surge in attention to the issue of sexual assault in higher education. Campus rape has become the subject of new legislation, inspired a White House task ...