For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the...
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
Does the U.S. Constitution protect the affirmative right to vote? Those focusing on the Constitution’s text say no. Yet, the Supreme Court has treated...
In their article, The “Free White Person” Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel J. Chin and Paul Finkelman make a...
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...
The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...
Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...
This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...
During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
In New York State Rifle & Pistol Association v. Bruen, Justice Thomas’s majority opinion announced that the key to applying originalist methodology...
When Class Competed with Race and Lost: An Origin Story of the Political Marginalization of the Poor
On March 1, 2024, the University of Richmond Law Review hosted a symposium entitled Vestiges of the Confederacy: Reckoning with the Legacy of the...
In Poland, Venezuela, Rwanda, and several other countries, governments have in the past years altered basic rules of their constitutional system to...
In Chile, many commentators, academics and political leaders have spent years arguing that the limited nature of the social rights in the national...
At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...