Does administrative law have a racial blind spot? Ceballos, Engstrom, and Ho examine “disparate limbo”: how claims that agencies caused racial disparities have come to evade review under both antidiscrimination and administrative law, and how ignoring race may have helped build modern administrative law’s empire.
Judicial reasoning about police expertise has toggled between two distinct conceptions of expertise itself: as a professional virtue or a professional technology. Taking stock of both views offers new strategies in a range of disputes about police misconduct. It also illuminates debates about expertise and deference beyond the criminal
Data practices of powerful technology companies are aimed primarily at deriving population-level, relational insights, not individual insights specific to a data subject. To apprehend and adjudicate among the supra-individual legal interests that result from data relations necessitates far more public and collective (i.e., democratic) forms of governing data production.
The Foreign Intelligence Surveillance Court’s ex parte, in camera proceedings are in tension with the Article III values of transparency and adversarialism. This Note assesses the limited participation of outside amici curiae at the court and proposes a special advocate to serve as a permanent, independent adversary to the government.
Judicial review of the Federal Reserve is uncommon. But this may soon change: a Court skeptical of administrative governance is poised to collide with an increasingly interventionist Fed. This Note argues that any path forward must take seriously the Fed’s role in our economic system while acknowledging its democratic deficiencies.
Courts have upheld laws conditioning felon re-enfranchisement on financial repayment by reasoning that disenfranchised citizens lack the rights and protections of political equality. Drawing on legal and democratic theory, this Essay challenges that view. Because disenfranchised citizens retain cognizable interests in political participation, financial-repayment conditions are unconstitutional poll taxes.
Nonlawyers, including court personnel, are typically prohibited from providing legal advice. But definitions of “legal advice” are unnecessarily broad, creating confusion, disadvantaging self-represented litigants, and possibly raising due-process concerns. This Essay argues for a narrower, more explicit definition of legal advice that advances, rather than undercuts, access to justice.
Rethinking Police Expertise reveals how litigators can use police officers’ assertions of expertise against them. This Response questions the value, however, of urging judges to treat police expertise as a “professional technology” as opposed to a “professional virtue.” Insisting on this conceptual distinction may weaken the article’s considerable normative potential.
This Collection surveys the novel tax implications of the American Rescue Plan Act (ARPA). These Essays analyze ARPA through the lens of fiscal impoverishment, race, unemployment insurance, and state and local responses to economic crises. Each Essay proposes changes to our tax system based on the lessons learned from ARPA.
Texas’s patently unconstitutional Senate Bill 8, which effectively bans abortions and assigns enforcement to private individuals, has forced the question whether states can insulate their laws from pre-enforcement review. This piece offers a roadmap for the Court to hold that states may not engage in such procedural trickery.
This Collection examines how inequality manifests on social media platforms and in the digital public sphere. Essays analyze how race, gender, and other facets of identity shape people’s experience of and access to the digital public sphere and explore the harms minority groups suffer in these spaces. Several Essays chart
This Collection surveys the novel tax implications of the American Rescue Plan Act (ARPA). These Essays analyze ARPA through the lens of fiscal impoverishment, race, unemployment insurance, and state and local responses to economic crises. Each Essay proposes changes to our tax system based on the lessons learned from ARPA.
This Collection examines how inequality manifests on social media platforms and in the digital public sphere. Essays analyze how race, gender, and other facets of identity shape people’s experience of and access to the digital public sphere and explore the harms minority groups suffer in these spaces. Several Essays chart
This Collection explores the impact of exogenous shocks on corporate restructurings and bankruptcies. These Essays analyze trends in restructuring practices and policy making, and they carefully consider the relationship between market forces and the Bankruptcy Code in achieving efficient restructuring outcomes that benefit a variety of stakeholders.