This Article reports the findings of the largest and most comprehensive study to date of the role qualified immunity plays in constitutional litigation. I found that qualified immunity rarely served its intended role as a shield from discovery and trial in these cases.
America has become a nation of homebodies. This Article advances two central claims. First, declining interstate mobility rates create problems for federal macroeconomic policymaking. Second, the Article argues that governments, mostly at the state and local levels, have created a huge number of legal barriers to interstate mobility.
Originalism is not about the text. A society can be recognizably originalist without any words to interpret: without a written constitution, written statutes, or any writing at all. What originalism generally is about is our present constitutional law and its dependence on a crucial moment in the past.
Climate change presents unique governance problems. The Obama Administration attempted to allay some of these challenges through procedural requirements throughout the federal bureaucracy that entrenched scientific analysis and expertise. This Note documents those requirements and posits that they might prove more durable than President Obama’s more visible environmental policies.
This Collection provides a series of Responses to David Schleicher’s Article, Stuck! The Law and Economics of Residential Stagnation, published in Issue 1. Naomi Schoenbaum, Sheila Foster, Sara Pratt, and Michelle Anderson engage with Schleicher’s central ideas regarding declining interstate mobility.
Government surveillance threatens not only individual privacy but also the freedom to dissent. Yet courts typically evaluate the lawfulness of surveillance solely through a Fourth Amendment lens rather than the First. This Essay briefly sets out how the First Amendment might once again become a bulwark against overreaching government surveillance.
Under the Trump presidency, Immigration and Customs Enforcement (ICE) officers have been making immigration arrests in state and local courthouses. ICE’s refusal to stop these arrests raises the question: can anything more be done to stop these courthouse arrests? A common-law doctrine, the “privilege from arrest,” provides an affirmative answer.
The Farm Bill is complicit in crises of public health, the environment, and rural decay. The emerging field of food law and policy can help articulate a better vision for Farm Bills, and as debate around the 2018 Farm Bill begins, new law school collaborations are beginning to do just that.
Since the Supreme Court recognized marriage equality in Obergefell v. Hodges, civil rights advocates have increasingly set their sights on transgender rights as the next legal frontier. This Essay explores why, for over twenty-five years, transgender litigants have not invoked the protections of the;and why they now should.
The 2016 election was marked by an epidemic of "fake news," or false information made to look like credible news reports. This Collection offers a series of policy proposals and reflections on the origins of fake news and how the dissemination of misinformation online can be addressed.
This Comment posits that the Constitution may well carve out a limited space for the people to express themselves and exercise certain powers through local self-government—without interference by the state. More specifically, the Tenth Amendment endows the people with the right to choose and define their local government.
This Essay considers the historic weakness of the American mayoralty and recent reform efforts designed to strengthen it. I argue that the strong mayoralty is a potential instrument for democratic self-government to the extent that it is able to amass power on behalf of the city.
This Article argues that Second Amendment doctrine and state preemption laws can and should incorporate longstanding and sensible differences between urban and rural gun use and regulation. Doing so would protect rural gun culture while permitting cities to address urban gun violence.