April 7, 2021
/
by
admin/
Jessica Bulman-Pozen* & Miriam Seifter** In recent years, antidemocratic behavior has rippled across the nation. Lame-duck state legislatures have stripped popularly elected governors of their powers; extreme ...
April 7, 2021
/
by
admin/
Claire Raj* Children with disabilities are among the most vulnerable students in public schools. They are the most likely to be bullied, harassed, restrained, or segregated. For these and other reasons, they also ...
March 1, 2021
/
by
admin/
Hiba Hafiz* American labor law was designed to ensure equal bargaining power between workers and employers. But workers’ collective power against increasingly dominant employers has disintegrated. With union ...
March 1, 2021
/
by
admin/
David E. Pozen* & Adam M. Samaha** Constitutional argument runs on the rails of “modalities.” These are the accepted categories of reasoning used to make claims about the content of supreme law. Some of the ...
December 21, 2020
/
by
admin/
Daniel E. Walters* Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, ...
December 21, 2020
/
by
admin/
Colleen Chien* Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to ...
November 21, 2020
/
by
admin/
Stephen B. Burbank and Sean Farhang* This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class ...
November 21, 2020
/
by
admin/
Crystal S. Yang* & Will Dobbie** In this Article, we provide a new statistical and legal framework to understand the legality and fairness of predictive algorithms under the Equal Protection Clause. We begin by ...
October 13, 2020
/
by
admin/
Craig Green* Where did states come from? Almost everyone thinks that states descended immediately, originally, and directly from British colonies, while only afterward joining together as the United States. As a ...
October 13, 2020
/
by
admin/
Diego A. Zambrano* This article develops an approach to discovery that is grounded in regulatory theory and administrative subpoena power. The conventional judicial and scholarly view about discovery is that it ...