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Introduction The Supreme Court has stated that academic freedom is a “special concern” of the First Amendment.[1] Yet before 1957, there were no American legal …
ARTICLE Bounded Rationality and the Theory of Property Oren Bar-Gill* & Nicola Persico** Strong, property rule protection—implemented via injunctions, criminal sanctions, and supercompensatory damages—is a …
ARTICLE The Fundamental Right to Education Derek W. Black* New litigation has revived one of the most important questions of constitutional law: Is education a …
ARTICLE The Discrimination Presumption Joseph A. Seiner* Employment discrimination is a fact in our society. Scientific studies continue to show that employer misconduct in the …
ARTICLE The New Oral Argument: Justices as Advocates Tonja Jacobi* & Matthew Sag** This Article conducts a comprehensive empirical inquiry of fifty-five years of Supreme …
ARTICLE Transborder Speech Ronald J. Krotoszynski, Jr.* In an increasingly globalized marketplace of ideas, First Amendment law and theory must recognize that the freedom of …
ARTICLE Gains, Losses, and Judges: Framing and the Judiciary Jeffrey J. Rachlinski* & Andrew J. Wistrich** Losses hurt more than foregone gains—an asymmetry that psychologists …
By ARIC SHORT & TANYA PIERCE. Full Text. Single-family zoning has long dictated not only where people may live but also with whom. Although extensively …
By JASON JIA-XI WU. Full Text. Defense contractors lie at the heart of the U.S. national security regime. Each year, over half of the federal …
By CAITLIN GLASS & JULIAN GREEN. Full Text. What makes a conviction wrongful? Developments in DNA science have led to a wave of exonerations over …
By LOGAN KNUTSON. Full Text. Trying juvenile defendants as adults is a cruel, yet enduring practice in U.S. criminal law. If convicted, these youthful offenders …
By MITCHELL ZAIC. Full Text. 'Law must be stable, and yet it cannot stand still.' Here is the great antinomy confronting us at every turn. …
