abstract. For most of American history, the jury was considered an elite institution, composed of “honest and intelligent men,” esteemed in their communities for their “integrity,” “reputation,” or ...
abstract. Family separation has long served as a mechanism of social control and punishment in the United States, disproportionately targeting Black, Indigenous, and other marginalized families under ...
abstract. The United States has criminalized the manufacture, distribution, use, and possession of cannabis and its psychoactive components at the federal level since 1970. The states began to push ...
abstract. Access to justice in American civil courts won’t come through free or pro bono lawyers. To drive down costs, we need to loosen bar regulation and streamline procedures. And we should embrace ...
abstract. The First Amendment has become a significant barrier to sensible technology regulation. The conventional explanation for this is the Court’s deregulatory turn in free-speech law. But the ...
abstract. Increasingly, automated processes—under the catch-all term “artificial intelligence” (AI)—serve as “mechanical managers” in the workplace. They may manifest as productivity applications to ...
abstract. This Essay explores the rich history of flexible employment models from union hiring halls to alternative compensation structures. It explains how gig companies are responsible for ...
abstract. Over the past generation, conflicting trends have reshaped the ownership of corporate equity on the one hand and corporate debt on the other. In equity, the two great trends have been the ...
abstract. For decades, American courts have taken for granted that the separation of powers severs the judiciary from prison administration. In its more stringent forms, this idea characterized the so ...
abstract. Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial overreach or creative ...
abstract. This Article tells an untold history of the American title registry, a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental ...
abstract. In New York State Rifle & Pistol Association v. Bruen, the Supreme Court reaffirmed that laws prohibiting the carrying of firearms in sensitive places were presumptively constitutional.