Online Features

Are universities schools? The question seems almost silly to ask: of course universities are schools. They have teachers and students, like schools. They have grades, like schools. There are classes and extracurricular activities, also like schools. But recent writings on the issue of “...

This article identifies a profound and previously overlooked incentive for excessive risk- taking by infrastructure providers. The magnitude and critical nature of infrastructure implies that negative externalities potentially far exceed the net assets of the infrastructure provider. The...

Judicial style and rhetoric are objects of perennial and often intense concern. Innumerable books, scholarly and popular articles, and blog posts are devoted to the topic. Current discussions of judicial writing often feature Neil Gorsuch’s opinions. Despite the fervor around Gorsuch...

Loving v. Virginia held unconstitutional laws that forbid interracial marriages. This article argues that the legacy of Loving, in light of later constitutional developments (including the constitutional...

Professor Davis examines a neglected but potentially important aspect of the Supreme Court's opinion in Loving: the Court acknowledged, for the first and only time, the social construction of white...

The Sources of Law project is an examination of the origins and hidden ways that important legal authorities impact our lives without us fully understanding why or how. This project will focus on three areas: Executive Orders, the First Amendment, and insurance. ...

The Sources of Law project is an examination of the origins and hidden ways that important legal authorities impact our lives without us fully understanding why or how. This project will focus on three areas: Executive Orders, the First Amendment, and insurance. ...

 

Conventional wisdom assumes that the police are in control of their investigative tools. But with surveillance technologies, this is not always the case. Increasingly, police departments are consumers of surveillance technologies that are created, sold, and controlled by private...

This Essay responds to Jon Michaels’s argument for a form of agency fragmentation called the new “administrative separation of powers,” a structure consisting of three fundamental sets of actors: agency heads, civil society, and the civil service. According to Michaels, his...

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