Articles
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Thank you for that kind introduction and for inviting me to speak. My topic for tonight is modesty in originalism, which repeats a theme from my first visit to...
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As federal antitrust enforcement has adopted its most aggressive stance in decades, the fate of billions of dollars’ worth of economic activity rests on a few short statutory phrases enacted...
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This Article examines the law of en banc review in the federal courts of appeals. It explores key doctrinal questions and advances a theory that maintains the primacy of...
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The Supreme Court concluded in TransUnion LLC v. Ramirez that a plaintiff may not sue to collect statutory damages under a statute such as the Fair Credit Reporting Act simply...
In the wake of Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, affirmative action proponents should pursue a First Amendment approach. Private universities, which are speaking...
This Article aims to establish a foundational understanding of the intersection between artificial intelligence (AI) and privacy, outlining the current problems AI poses to privacy and suggesting potential directions for...
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In democracy jurisprudence, the Roberts Court wears two faces. Its most recent duo of cases illustrates the inconsistency. In Rucho v. Common Cause, the Court ruled that even grossly
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In recent years, plaintiffs have frequently invoked the Civil Rights Act’s “Materiality Provision” as a basis for challenging state election laws. The Provision prevents states from denying
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The Madisonian political philosophy upon which the U.S. Constitution rests did not supply the nation with a well- developed theory of electoral procedures. Instead, Madisonian philosophy concentrated on the separation
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Voters are special. They are the foundation of our constitutional democracy. Everything starts with the voters. State constitutions, too, are special, as the recent surge in scholarship on state constitutions...
Originalism has a democracy problem. Among prevailing theories of constitutional interpretation—pragmatism, common-law constitutionalism, popular constitutionalism, and Elysian representation-reinforcement—originalism uniquely creates a legal environment in which antidemocracy is viable...
Few of us are happy with the state of American democracy. Our political institutions appear dysfunctional and our political culture more generally has become increasingly toxic and tribalistic. In Gallup...