This Feature argues that constitutionally unenumerated yet nonetheless fundamental rights require judicial protection, but ...

Freight railroading today is profitable but fails workers, consumers, and communities in serious ways. This Note argues that both the railroad industry’s financial success and its operational ...

Militaries are increasingly targeting “dual-use objects”—objects that serve both civilian and military purposes. Drawing on an original dataset of the U.S. military’s airstrike reports and ground ...

Militaries are increasingly targeting “dual-use objects”—objects that serve both civilian and military purposes. Drawing on an original dataset of the U.S. military’s airstrike reports and ground ...

This Note uncovers the history of how the Brigham Young University Police Department blurred the boundaries between criminal law and church doctrine. These practices included sting operations that ...

119 Yale L.J. 458 (2009). The plenary power doctrine sharply limits the judiciary’s power to police immigration regulation—a fact that has preoccupied immigration law scholars for decades. But ...

The world of voting rights could soon be turned upside down. A conservative Supreme Court might insist that minority voters' existing representation be compared to the representation they would ...

This Article proposes an innovative approach to addressing political inequality: using law to facilitate organizing by the poor and working class – as workers, tenants, debtors, and welfare ...

Bankruptcy grifters infiltrate the Chapter 11 process, seeking bankruptcy’s benefits for mass-tort defendants without incurring many of its costs. This Article concludes that bankruptcy should not be ...

This Article contends that courts should interpret the Fourth Amendment by looking to “general law”—common-law rules under the control of no particular sovereign. This approach finds strong support in ...

The Supreme Court faces an impending legitimacy crisis. This Feature explains why structural reform is necessary to save what is good about the Court, and identifies criteria that effective reform ...

This Article traces the origins of the content and viewpoint neutrality principles in First Amendment law. It argues that these ideas emerged later than scholars have previously appreciated and that ...