Sherry F. Colb
Is Taking Blood from a Dog a “Search” of the Dog’s Owner? Joanna L. Grossman
Switching It Up: Massachusetts Enacts Bold New Equal Pay Law Ronald D. Rotunda
Imposing Criminal Punishment by Introducing False Testimony Vikram David Amar
The Vexing Nature of California’s Attempt to Protect Free Speech Through its Anti-SLAPP Statute Neil H. Buchanan
An Analysis of Donald Trump’s Economic Proposa…—Wait, He Said What? Michael C. Dorf
Justice Breyer Uses Trans Restroom Case to Revive “Courtesy Fifth Vote” Joseph Margulies
2016: Who’s Rigging What? John Dean
The Trump University Lawsuit Continues Marci A. Hamilton
What Do the Satanic Temple and Jehovah’s Witnesses Have in Common? They Are Champions Against Government Inculcation of Belief Joanna L. Grossman
Midcourse Correction: Maryland Court Endorses De Facto Parentage Doctrine Ronald D. Rotunda
Judges Excoriating Other Judges for Using Terms of Art They Don’t Like: The Comments of Richard Posner Sherry F. Colb
Mike Pence’s Abortion Law Marci A. Hamilton
An Open Letter to the Change-Maker Hillary Rodham Clinton on Behalf of Sexual Abuse Victims in the United States Michael C. Dorf
Trump’s Law and Order Versus the Rule of Law Vikram David Amar
Chevron Deference and the Proposed “Separation of Powers Restoration Act of 2016”: A Sign of the Times Marci A. Hamilton
The Demographic Both Party Platforms Missed: Child Sex Abuse Victims John Dean
Melania Trump’s Plagiarism Fiasco Joseph Margulies
Can Criminal Justice Reform Survive Cleveland? Neil H. Buchanan
Clinton and the Democrats Will Have Two Years, at Most, to Accomplish Anything Ronald D. Rotunda
Forcing Lawyers to Perform Pro Bono Services Antonio G. Sepulveda Carlos Bolonha , and Igor De Lazari
Balancing Teachers’ Liberty Against Students’ Right to Unbiased Education Vikram David Amar
Three Important Constitutional Lessons to Take From FBI Director Comey’s Statements About Hillary Clinton’s Email Management Michael C. Dorf
What’s the Matter With “Bomb Robots”? Sherry F. Colb
Should We Lift the Stigma on “Virtuous Pedophiles”? Joseph Margulies
[THIS SPACE INTENTIONALLY LEFT BLANK] John Dean
Hillary’s James Comey Nightmare Likely Continues Marci A. Hamilton
Mississippi, the First Amendment Defense Act, Accommodation, and Apartheid Sherry F. Colb
Birchfield v. North Dakota: An Acceptable Compromise Joanna L. Grossman
The TRAP Door Closes: The Supreme Court Invalidates Texas’s HB 2, Which Unduly Burdens Access to Abortion Vikram David Amar
Justice Kennedy’s Majority Opinion in the Fisher Affirmative Action Ruling Muddles Even as It Illuminates John Dean
United States et al. vs. Texas et al.: A Political Question for November Neil H. Buchanan
Republicans Can Save Their Party if They Can Admit to Themselves That Clinton Is Tolerable Michael C. Dorf
The Procedural Issues in the Texas Abortion Case Sherry F. Colb
A Potential Landmine in Waiting in Utah v. Strieff Joseph Margulies
Finding Justice in Baltimore John Dean
More On Trump’s Business Practice Coming Soon to a Screen Near You Marci A. Hamilton
Hooray! Finally Dropping the Blinders, Religious Leaders Are Calling Out Terrorists, Haters, Pedophiles and the Institutions that Enable Them Sherry F. Colb
What Montgomery v. Louisiana Portends for Future Juvenile Sentencing Joanna L. Grossman
Changing the World One Case at a Time: A Review of Gillian Thomas’s Because of Sex: One Law, Ten Cases, and Fifty Years That Changed American Women’s Lives at Work Ronald D. Rotunda
Increased Controversy Over the Future of American Law Institute Vikram David Amar
Donald Trump’s Criticism of Judge Curiel Was Racist, but Precisely How? Neil H. Buchanan
What Do “High Negatives” Mean? Or: Hillary Clinton On Her Worst Day Is Better Than Donald Trump On His Best Michael C. Dorf
Trump’s Post-Orlando Statements Reveal the True Nature of His Proposed Ban on Muslim Immigration Neil H. Buchanan
Even After Trump Loses, Constitutional Democracy in the United States Will Still Be in Peril Joseph Margulies
Criminal Justice Reform at the Front End John Dean
Looking Closer at Trump’s Attacks on Judge Curiel Marci A. Hamilton
A Public Service Translation of a Catholic Bishop’s Letter Against SOL Reform Michael C. Dorf
Prisoner Case Underscores Justice Scalia’s Legacy Ronald D. Rotunda
The Fifth Justice Vikram David Amar
Lessons Learned from this Term’s Legislative Districting Decisions, Especially the Harris Case from Arizona Neil H. Buchanan
Is This the Beginning of the End of Constitutional Democracy in the U.S.? Sherry F. Colb
An Oklahoma Law That Would Prohibit All Abortion Joanna L. Grossman
“Say No to This”: Courts Must Stop Holding that Firing Attractive Women Is Not Sex Discrimination Joseph Margulies
Discrimination & Criminal Justice in the 21st Century John Dean
Don’t Compare Trump’s Presidential Campaign to Barry Goldwater’s Joanna L. Grossman and Grant Hayden
The Thin Pink Line: Policing Gender at Every Corner Ronald D. Rotunda
Prosecutors Coercing Defendants to Contribute to the Prosecutor’s Favorite Charities Vikram David Amar
(Yet) Another Obamacare Lawsuit Raises Issue Whether the House Can Sue the President Marci A. Hamilton
RFRA, Zubik v. Burwell, and the Do No Harm Act Michael C. Dorf
Supreme Court Requires “Concrete” Injury for Standing Sherry F. Colb
When Illegal Stops Lead to the Discovery of Outstanding Warrants: Utah v. Strieff Joseph Margulies
My Friend Michael John Dean
Trump’s Border Wall: It Should Never Happen Marci A. Hamilton
Thank You, Penn State Neil H. Buchanan
Trump Finds a Way to Be Just a Bit More Unhinged than the Republican Establishment Is About the Federal Debt Ronald D. Rotunda
Dr. Jekyll, Mr. Hyde, the Man Who Murdered Kitty Genovese Vikram David Amar and Greg Miarecki
Ten Tips for Law Students to Get the Most out of Their Summer Legal Jobs Sherry F. Colb
The U.S. Supreme Court Evaluates Criminal Penalties for Refusing Blood/Breath Alcohol Content Tests Michael C. Dorf
Are Long Death Penalty Delays Unconstitutional? Joanna L. Grossman and Katharine Bartlett
Blue for Boys, White With Flowers for Girls: When Commencement Is an Exercise in Discrimination Joanna L. Grossman
A Room With a View: Federal Appeals Court Says School District Cannot Bar Transgender Boy from Using the Bathroom Aligned with His Gender Identity Joseph Margulies
War Crimes in a Punitive Age John Dean
An Era of Unchecked Presidential Primaries Marci A. Hamilton
Rabbis With a Conscience Make History Igor De Lazari Antonio G. Sepulveda , and Carlos Bolonha
Two Courts, Two Interpretations Ronald D. Rotunda
Why Can’t We Buy Cars the Way We Buy Computers? Vikram David Amar
What We Could Learn from Brazil (and Vice Versa) About Presidential Impeachment Procedures (and Related Matters) Sherry F. Colb
What Might a Mediator Do for the Parties to the Contraceptive Case in the Supreme Court? Michael C. Dorf
Prosecutorial Discretion: The Dog That Didn’t Bark in the Immigration Oral Argument—Yet Ronald D. Rotunda
Chilling Scientific Inquiry Joseph Margulies
The Puzzle of Reform, Part II John Dean
Game’s On: Big Leaguers Zimmerman & Howard Versus Al Jazeera Neil H. Buchanan
Genuine Tax Simplification—Not Grandstanding—From Senator Warren and Friends Joanna L. Grossman
A Safe Haven for Kody? Sister Wives Star Loses on Appeal, but Protected From Bigamy Prosecution in Utah Ronald D. Rotunda
Alcoholics and the Profession of Law Marci A. Hamilton
Bucks County DA David Heckler’s Mixed Signals on Pennsylvania’s Statute of Limitations for Child Sex Abuse Vikram David Amar
Should Voters’ Hands in the Vice Presidential Selection Process Be Tied? Neil H. Buchanan
On Social Security, at the Very Least, the Dishonesty Is All on the Republican Side Michael C. Dorf
Supreme Court Convenes a Settlement Conference Sherry F. Colb
The Logic of Trump’s Comment Endorsing Punishment for Abortion Joseph Margulies
“You Can Feel Your Sanity Being Leeched Out Of You” John Dean
Will Donald Trump Be the GOP Presidential Standard-bearer? Joanna L. Grossman
North Carolina’s HB 2: Does Passing an Obviously Unconstitutional Law Make the Law Even More Unconstitutional? Neil H. Buchanan
Why Clinton and Sanders Are Both Right (and Trump Is Wrong) About International Trade Sherry F. Colb
The Hidden Atrocities Behind Medical Progress Marci A. Hamilton and Steven Berkowitz
The 1-2 Punch the Catholic Bishops Have Delivered to Clergy Sex Abuse Victims Ronald D. Rotunda
Judges Coercing Lawyers to Donate to Charities Vikram David Amar and Michael Schaps
How Should Courts Evaluate a Treatment Decision by a Government Doctor That Takes into Account the Patient’s Race? The Ninth Circuit Doesn’t Quite Get Things Right Neil H. Buchanan
Social Security Will Be There When Today’s Young People Retire Michael C. Dorf
Does Boredom Explain Some of Trump’s Appeal? Joseph Margulies
The Puzzle of Reform, Part I John Dean
“Spotlight” Makers Munch a Little Crow Joanna L. Grossman
Alabama: The U.S. Constitution Applies to You, Too Sherry F. Colb
Does a Shoe Salesman With a Foot Fetish Have a Moral Duty to Disclose? Marci A. Hamilton
The Obama Administration Draws Back From the Precipice of Theocracy Ronald D. Rotunda
The Wages of Crying Wolf Vikram David Amar
A Specific Proposal That Helps Give Us a Sense of What Getting Rid of Citizens United Might Entail Michael C. Dorf
Trump’s Anatomy Is More Relevant Than You Think Igor De Lazari Antonio G. Sepulveda , and Henrique Rangel
Deciding Strategically: Lessons From a Brazilian Supreme Court Decision Joseph Margulies
Dueling Delusions Marci A. Hamilton
Legislators Should Find Courage in Spotlight’s Success and Motivation in Yet Another Grand Jury Report, and Finally Do SOL Reform Right Sherry F. Colb
Differing Perspectives on California Law Requiring Pregnancy Clinics to Post Abortion Information Joanna L. Grossman
Protection Against Sexual Harassment Is Alive and Well in the Sixth Circuit Ronald D. Rotunda
What Does Ancient Athens Have to Do With University Protesters? Vikram David Amar
The Grave Risks of the Senate Republicans’ Stated Refusal to Process any Supreme Court Nominee President Obama Sends Them Neil H. Buchanan
The Kasich Moderation Burlesque Michael C. Dorf
Senate Republicans Offer Laughable Reasons for Refusing to Confirm an Obama Supreme Court Nominee Marci A. Hamilton
The 2016 RFRA Decline Is Due to the Difficulty of Selling Discrimination and Child Endangerment as Good Policy Joseph Margulies
Enough Ronald D. Rotunda
Nino Scalia, R.I.P. Marci A. Hamilton
In Defense of Justice Scalia on Religious Liberty and Smith Sherry F. Colb
The Second Circuit Honors the Threshold of the Home in a Fourth Amendment Opinion Joanna L. Grossman
Course Correction: Young v. United Parcel Service Makes Courts Focus on Right Issues, but Also Reveals Limits of PDA Joseph Margulies
When Judicial and Presidential Politics Collide Vikram David Amar
Sticking Up (Kind of) for a(n Idaho) State Court Slapped Down by the U.S. Supremes Neil H. Buchanan
Republicans Will Not Seriously Try to Sell Marco Rubio as a Moderate, Will They? Michael C. Dorf
What War Is Good For Joseph Margulies
The Most Promising Reform Vikram David Amar
Homespun Wisdom (and Wrongheadedness) in Iowa on the Treatment of Muslims Marci A. Hamilton
Godly Rhetoric in Presidential Campaigns: Cruz, Rubio, and Reagan Joanna L. Grossman
You Made Your (Marital) Bed, Now Lie in It Ronald D. Rotunda
Crossing the Bar: Notable Lawyers Who Left Us in 2015 Sherry F. Colb
The Moral Clarity of the Pro-Life Position in Frozen Embryo Disputes Neil H. Buchanan
Have Democrats Rediscovered Unions Too Late? Michael C. Dorf
How Un-rule-y is the First Amendment? Neil H. Buchanan
Republicans Should Learn From Flint That Governing on the Cheap Costs Too Much Joseph Margulies
The Bottoson Effect John Dean
Heading for The Dark Side of Journalism Marci A. Hamilton
Indiana Leads the Way With an Outrageous RFRA Proposal Again Joanna L. Grossman
One Surrogate Birth for Man May Mean Nothing for Mankind Sherry F. Colb
Bill Cosby and the Rule Against Character Evidence Neil H. Buchanan
Are Baby Boomers Better to Millennials Than Millennials Are to Themselves? Michael C. Dorf
The Supreme Court Could Hear a Third License Plate Case Vikram David Amar
What the Detailed Data from California on the July 2015 Bar Exam Results Might Tell Us About the Bigger Picture Joseph Margulies
Insight From Oregon John Dean
Act One of “The Dark Side”? Marci A. Hamilton
Sex Abuse Statute of Limitations Reform 2015 Year in Review: The Good, the Bad, and the Ugly Sherry F. Colb
Trump Inadvertently Highlights Restroom Inequality Joanna L. Grossman
More Than Kin: Pennsylvania Supreme Court Rules That Stepfather Granted Custody Rights Also Owes Child Support Ronald D. Rotunda
What College Students Really Want Michael C. Dorf
Do Androids Dream of Animal Rights? Joanna L. Grossman and Lawrence M. Friedman
Appealing and Unappealing Peeling: Two Takes on Nudity Sherry F. Colb
Frozen Embryo Disputes Joanna L. Grossman
Distinction Without a Difference: Federal Court Says Sexual Orientation Discrimination Is Sex Discrimination Ronald D. Rotunda
Judicial Campaigns and the Appearance of Impropriety Vikram David Amar and Michael Schaps
How One Might Have Answered Justice Scalia’s Questions (About the Mismatch Theory) at Oral Argument in the Fisher Case Neil H. Buchanan
At This Point, Would Any Republican Ever Leave the Party? Michael C. Dorf
Is the Texas Ten Percent Plan “Race Neutral”? Joseph Margulies
Reform and the Failure of Imagination John Dean
What Trump’s Call to Ban Muslims Is Telling Us About Authoritarian Politics Vikram David Amar
Five (Somewhat) Unpredictable Aspects of this Week’s Oral Argument in Fisher v. University of Texas at Austin Marci A. Hamilton
Donald Trump and the Need for Civil, Accurate Discourse Neil H. Buchanan
The Republican Candidates Show Their Weakness as They Try to Look Strong Joanna L. Grossman
Anger Management: Charlie Sheen’s Ex-Fiancée Sues Over Sheen’s Failure to Disclose HIV Status Ronald D. Rotunda
The Unintended Consequences of Campaign Finance Reform Vikram David Amar
The Return of the Arizona Independent Redistricting Commission (AIRC) before the Supreme Court: The Harris v. AIRC Case Argued Next Week Sherry F. Colb
Education Department Faults Illinois School District for Excluding Transgender Girl from Locker Room Changing Area Michael C. Dorf
Lessons From Princeton’s Struggles With Woodrow Wilson’s Racism Joanna L. Grossman
Baby Mama: Appellate Court Declares Sherri Shepherd Is the Legal Mother of a Child Born to Her via Surrogate Joseph Margulies
The Angry Americans Marci A. Hamilton
The Opposite of ISIS Is the First Amendment, And Its Members Are Extremist Islamic Terrorists Joanna L. Grossman
Though Obsolete, the Civil Union Continues to Mystify Courts Ronald D. Rotunda
A Minimum Wage of Zero Sherry F. Colb
Adjusting IQ Scores so More Minorities Are Eligible for the Death Penalty Neil H. Buchanan
Expensive, Self-Defeating Reactions to Fear and Panic Michael C. Dorf
Campus Unrest and the Fisher Affirmative Action Case Joseph Margulies
Even After Paris John Dean
R.I.P. Fred Thompson, A Faded Type of Washingtonian Marci A. Hamilton
Waves Up, Presidential Candidates Sherry F. Colb
Is “Pro-Choice Ethical Vegan” an Oxymoron? Joanna L. Grossman
Enactment of the Women’s Equality Agenda: A Fitting Bicentennial Birthday Gift for Elizabeth Cady Stanton Ronald D. Rotunda
Cameras in the Supreme Court Vikram David Amar and Michael Schaps
When Does Congress’s Recognition of an Injury Count to the Supreme Court? Standing and the Spokeo v. Robins Case Neil H. Buchanan
Does a President Actually Need to Know Anything? Michael C. Dorf
Are the “bin Laden” Memos the New Torture Memos? Neil H. Buchanan
Who Is the Biggest Loser in the Budget Deal? President Hillary Clinton Joseph Margulies
The Second Principle: The Demand for Even-Handed Justice John Dean
Will the Committee on Benghazi Find a Sense of Decency? Marci A. Hamilton
On the Tenth Anniversary of the 2005 Philadelphia Grand Jury Report on Child Sex Abuse in the Archdiocese Sherry F. Colb
Why Pro-Life and Pro-Animal Violence Are Immoral Joanna L. Grossman and Barbara Stark
A Leader with Few Followers: New York on Family Law Ronald D. Rotunda
Dred Scott After Nearly Two Centuries Vikram David Amar and Alan E. Brownstein
Why the Challenges to California’s Reproductive Fact Act Are Likely Unpersuasive Neil H. Buchanan
Who Is Looking for the Easy Way Out Regarding the Debt Ceiling? Joseph Margulies
Who Gets to Be Human? Michael C. Dorf
A Hard Slide in a Baseball Playoff Game Raises Multiple “Legal” Issues John Dean
The Last of the President’s Men Marci A. Hamilton
Why the Victims of Bill Cosby Are My Heroes Sherry F. Colb
Why Don’t Pro-Life Advocates Champion Contraception? Joanna L. Grossman
For the Love of Batgirl: California Passes Much-Needed Fair Pay Law Ronald D. Rotunda
Regulating Lawyer Advertising When It Is Not Misleading Vikram David Amar
Four Specific Indicators to Look for (As Distinguished From Cases to Watch) This Supreme Court Term Neil H. Buchanan
Budgetary Nonsense Across the Republican Landscape Michael C. Dorf
“Shout Your Abortion” Movement Raises Questions About the “Coming Out” Analogy Joseph Margulies
Dignity as an Indispensable Condition of Criminal Justice John Dean
Republicans Continue Their War on Women Marci A. Hamilton
Pope Francis Visits Philadelphia and Promises No More Secrets Joanna L. Grossman
Hit the Gym, BorgataBabes Ronald D. Rotunda
Marriage Litigation in the Wake of Obergefell v. Hodges Sherry F. Colb
Donald Trump’s Woman Problem Vikram David Amar
Arizona’s SB 1070 Immigration Law Is Back in Play in the Federal Courts Michael C. Dorf
Six Republican Presidential Candidates in Search of the Constitution Joseph Margulies
Step One in Transforming the Criminal Justice System: Articulating a New Vision John Dean
Will the Second Debate Confirm That “Mad as Hell” Republicans Don’t Want a Competent Presidential Candidate? Marci A. Hamilton
The Plight of Children at Risk in the Ultra-Orthodox Jewish Communities and the Failure of Government and Pandering Politicians to Protect Them Sherry F. Colb
Ohio Considers Banning Abortions Motivated by Down Syndrome Joanna L. Grossman
When One Door Opens, Another Closes: Parentage Law After Obergefell v. Hodges Ronald D. Rotunda
Women Lawyers in America—From the 17th to the 21st Century Vikram David Amar
A Preview of DIRECTV v. Imburgia: An Upcoming Case Before the Supreme Court Concerning Arbitration of Consumer Disputes Neil H. Buchanan
House Republicans’ Deep Cynicism: Pay the Rich and Play Politics With Everyone Else Joseph Margulies
Demonizing #BlackLivesMatter: The Latest Challenge to Criminal Justice Reform John Dean
Taking the Fifth in Hillary’s Email Imbroglio Michael C. Dorf
Must County Clerks Issue Marriage Licenses? Marci A. Hamilton
The Republican Candidates, Abortion Rights, and the Duggars? Joanna L. Grossman
He Who Hesitated Lost: Unwed Father in Utah Forfeits Parental Rights Sherry F. Colb
Who Counts as a Woman? The Court of Arbitration for Sport Provides an Answer Ronald D. Rotunda
The Rise and Fall (and Rise) of Anti-Semitism Here and Abroad Vikram David Amar
Locating the Problem of Race-Based Peremptory Challenges in a Broader Context: The Possibilities Raised by the Foster Case on the Court’s Docket Joanna L. Grossman
Top-free Rights for Women: A Showdown in Manhattan Michael C. Dorf
People Born in the United States Are Properly Citizens Joseph Margulies
Police Reform in the Queen City John Dean
Resolving Race and Paternity Questions About President Warren G. Harding Marci A. Hamilton
Jared Fogle, Ashley Madison, and When Will We Have the Fences that Make for Privacy and Safety on the Internet? Sherry F. Colb
The Sixth Circuit Says No to “Butt Dial” Privacy Neil H. Buchanan
An Avoidable Human Rights Disaster in the Dominican Republic Ronald D. Rotunda
Judges Who Broadcast Their Imprudent and Injudicious Behavior Vikram David Amar
UC Story: Parting Reflections as I Transition Away From the University of California Neil H. Buchanan
Should We Expand Social Security, Do Nothing, or Do Something Else? Michael C. Dorf
Federal District Court Invalidates Idaho “Ag-Gag” Law Neil H. Buchanan
The Unending Task of Debunking Social Security Fear-Mongering Joseph Margulies
The Fear of Too Much Justice: Tariq Ba Odah and the Department of Defense John Dean
The FOX News GOP Debate: Who Won? Who Lost? Marci A. Hamilton
The Hijacking of the Term “Religious Liberty” for Political Gain Sherry F. Colb
What Reactions to the Undercover Planned Parenthood Video Tell Us About Our Values Joanna L. Grossman
Unorthodox Wedding: A New York Judge Says No License, No Marriage Ronald D. Rotunda
Higher Education and Teaching English Vikram David Amar
The Prospects for Presidential Election Reform as the 2016 Campaign Season Gets Underway Neil H. Buchanan
Blaming the Victims in Greece: Part Two of a Two-Part Series of Columns Michael C. Dorf
Were Planned Parenthood Officials Defamed by Misleading Videos? Neil H. Buchanan
Who Is to Blame for the Greek Crisis, the Greeks or Europe’s Leaders? Part One of a Two-Part Series of Columns Joseph Margulies
A Lefty Who Hates the Trump Show John Dean
Donald Trump Is Entertaining But When Will It End? Marci A. Hamilton
A Series of Unfortunate Events for “Religious Liberty”: The Religious Freedom Restoration Act to the State RFRAs to the So-Called First Amendment Defense Act Bill Joanna L. Grossman
Based on Sex: The EEOC Rules That Sexual Orientation Discrimination Is Sex Discrimination Ronald D. Rotunda
The Celgard Decision and Lawyer Disqualification Vikram David Amar
Some Brief Thoughts About How Much Conservatives Lost in the Recently Concluded Supreme Court Term Sherry F. Colb
Delayed Trials for Fairer Outcomes? Michael C. Dorf
Raisins, Regulations, and Politics in the Supreme Court Joseph Margulies
Tariq Ba Odah and the Choices We Make John Dean
Troubling Question: How Do Bill Cosby’s Attorneys Get Away With It? Marci A. Hamilton
The Story Behind the Cosby Story: Sexual Assault and Secrets Vikram David Amar
What the Supreme Court’s Arizona Redistricting Ruling Means for Presidential (Not Just Congressional) Election Reform Joanna L. Grossman and Lawrence M. Friedman
Is Three Still a Crowd? Polygamy and the Law After Obergefell v. Hodges Ronald D. Rotunda
Requiem for the Export-Import Bank Sherry F. Colb
What City of Los Angeles v. Patel Might Tell Us About Abortion Anita Ramasastry
Should Apps Map Illness Like We Map the Weather? Vikram David Amar
What the Supreme Court Should Have Said in the Confederate Flag Texas License Plate Case Michael C. Dorf
Will the Supreme Court’s Same-Sex Marriage Ruling Face “Massive Resistance”? Marci A. Hamilton
The Space for Grace and the Space for Neutrality After Obergefell v. Hodges Joseph Margulies
Abandoned Symbols: Confederate Flags and Criminal Justice Joanna L. Grossman
From Zero to Fifty in Eleven Years: The Supreme Court Declares the Right of Same-Sex Couples to Marry in Obergefell v. Hodges David S. Kemp
U.S. Supreme Court Recognizes Constitutional Right to Same-Sex Marriage John Dean
A Further Look at January 1973: A History Turning Month Marci A. Hamilton
The Fifth Circuit Joins the Growing Line of Courts Rejecting RFRA Arguments Against the Affordable Care Act’s Contraceptive Accommodation for Religious Nonprofit Employers Neil H. Buchanan
Current Retirees Should Not Be the Last to Enjoy a Middle-Class Retirement Joanna L. Grossman
Last Gasps: Texas Tries to Stop Court From Granting Same-Sex Divorce Ronald D. Rotunda
Disciplining Lawyers Who Engage in Moral Turpitude Vikram David Amar
Some Preliminary Thoughts on the Lawsuits and Protests by Asian Groups and Individuals Alleging Unfair Treatment by College Admissions Offices Sherry F. Colb
Is There a Moral Duty to Disclose That You’re Transgender to a Potential Partner? Michael C. Dorf
Immigration Case Exposes 800-Year-Old Rift on Supreme Court Joseph Margulies
The Dangerous Notion of a Nationwide Crime Wave John Dean
A Look at January 1973: A History Turning Month Marci A. Hamilton
Dennis Hastert, the Duggars, and the Light at the End of the Tunnel Sherry F. Colb
The Shrinking Fourth Amendment: Heien v. North Carolina Ronald D. Rotunda
The Government Campaign to Weaken Religion Joanna L. Grossman
Griswold v. Connecticut: The Start of the Revolution Neil H. Buchanan
Social Security’s Retirement Age Should Not Be Increased (Again) Vikram David Amar
Takeaways From the Facebook Threat and Title VII Head Scarf Cases Handed Down by the Court This Week Michael C. Dorf
Supreme Court Jail Suicide Case Illustrates the Breadth of Qualified Immunity Joseph Margulies
Want Police Reform? Start at the Top John Dean
David Hamburg, MD: Someone Who Is Making the World A Better Place Marci A. Hamilton
The Front Against Child Sex Abuse Expands to the Family: Josh Duggar, the Duggars, and What Every Family Should Know About Incest Neil H. Buchanan
The Supreme Court’s Muddle in the Wynne Case Joanna L. Grossman
The More Things Change, the More They Stay the Same: Parentage Rules for Married, Same-Sex Couples Vikram David Amar
The Significance of the Supreme Court’s Williams-Yulee Decision Upholding Florida’s Regulation of Judicial Elections Neil H. Buchanan
The Return of the Paranoid Style in American Politics Michael C. Dorf
Is the Dormant Commerce Clause a “Judicial Fraud”? Sherry F. Colb
The Appearance and Reality of Cruelty in Glossip v. Gross Joseph Margulies
Just What Do We Mean by Reform? Part Two in a Series on Race and Policing John Dean
Deflategate: The Problem Is the NFL’s Rules Marci A. Hamilton
A Mid-Year Report on Child Sex Abuse Victims’ Access to Justice in 2015 Anita Ramasastry
Personalized Pricing in the Air? Why Consumers Should Be Wary of a New Airline Pricing Proposal Joanna L. Grossman
Heteropaternal Superfecundity: The Parentage Law Implications of Twins with Different Fathers Vikram David Amar and Alan E. Brownstein
The (Limited) Utility of State Religious Freedom Restoration Acts (RFRAs): Part Two in a Two-Part Series of Columns Neil H. Buchanan
What Would an Honest Effort to Reform the IRS Look Like? Michael C. Dorf
Why Can Clergy Opt Out of Same-Sex Marriage? Sherry F. Colb
Justice Alito Asks Whether Non-Romantic Couples Should Have the Right to Marry: Absurd Question? Joseph Margulies
Don’t Give Up on Baltimore: Part One of a Two-Part Series of Columns Marci A. Hamilton
Hillary Clinton and the Winning Strategy on Contraception Neil H. Buchanan
House Republicans Blame Their Own Failures on the IRS Marci A. Hamilton
Constitutional Curiosities at the Supreme Court in the Same-Sex Marriage Cases Sherry F. Colb
When Religious Airline Passengers Ask Women to Move Joanna L. Grossman
Interstate Marriage Recognition: When History Meets the Supreme Court Ronald D. Rotunda
The Way of Death in the Netherlands, Oregon, and, Perhaps, California Vikram David Amar and Alan E. Brownstein
How Best to Understand State Religious Freedom Restoration Acts (RFRAs): Part One in a Two-Part Series of Columns Neil H. Buchanan
The Republicans’ Cynical Tax Game: Undercut the IRS, Blame the IRS, Repeat Michael C. Dorf
What Same-Sex Marriage Teaches About Social Change and the Supreme Court Joanna L. Grossman and Deborah L. Brake
Afterbirth: The Supreme Court’s Ruling in Young v. UPS Leaves Many Questions Unanswered John Dean
R.I.P. Stanley I. Kutler Marci A. Hamilton
The One-Religious-World-View Public Policy of the Conservative Christians and the Way Out Joseph Margulies
Have You Seen the Tape? Ronald D. Rotunda
Ignoring the Supreme Court When You Don’t Like the Result Vikram David Amar
Some “Teachable” First Amendment Moments in the Supreme Court’s Oral Argument About Confederate Flags on Texas License Plates Sherry F. Colb
Competing Values in the Conviction of a Woman for Feticide Michael C. Dorf
Religious Freedom Claims in Private Litigation Joseph Margulies
Shhh! It’s Time for Criminal Justice Reform. Keep Race out of It. John Dean
Getting Answers on Shaming and Related Issues Sherry F. Colb
How Breast Exams Are Like Dog Sniffs Marci A. Hamilton
The RFRA Gauntlet: The Indiana RFRA May Be Bad, but the Arkansas RFRA Is Even Worse Joanna L. Grossman and Deborah L. Brake
Forceps Delivery: The Supreme Court Narrowly Saves the Pregnancy Discrimination Act in Young v. UPS Ronald D. Rotunda
Is the Federal Government Really a State, if the IRS Says It Is? Marci A. Hamilton
State RFRAs and the Intent to Discriminate: Why the State RFRAs Are in Trouble Vikram David Amar and Alan E. Brownstein
What a California Proposal to Authorize the Killing of Gays Says About the Initiative Process and the First Amendment Neil H. Buchanan
The Debt Ceiling Law Is Fatally Flawed and Cannot Be Fixed Michael C. Dorf
Economic Libertarian Constitutionalism Never Really Died Joanna L. Grossman
It Just Happened: The Breakdown of a Marriage Is Not a Cognizable Event for Residency Purposes in New York John Dean
Is Shame Necessary? How About Public Shaming? Marci A. Hamilton
The Seventh Circuit Injects Common Sense into Religious Liberty Debates with Official Committee of Unsecured Creditors v. Listecki Sherry F. Colb
Considering Miscarriage in a Pro-Choice Frame Joseph Margulies
Does Criminal Justice Reform Extend to Law Enforcement? Ronald D. Rotunda
Lawyers Lying in Negotiations Vikram David Amar
Reflections on the Oral Argument in the Arizona Independent Redistricting Commission Case: Some Interesting (and Disheartening) Features, Including Justice Kennedy’s Incomplete Description of U.S. History Neil H. Buchanan
Will Republicans Accidentally Increase Taxes on the Rich by Playing Another Game of Debt Ceiling Roulette? Michael C. Dorf
Did Federalism Rescue Obamacare? Joseph Margulies
Follow the Money . . . to Ferguson John Dean
Petraeus’s Legal Problems Could Have Been Much Worse Marci A. Hamilton
The Religious Right Fought to Overcome Campaign Limits and Now Fights to Shield Donations from Public Disclosure: Why? Sherry F. Colb
Pediatrician Refuses to See Baby of Lesbian Couple Joanna L. Grossman
Wyoming Supreme Court Ruling Reveals Continued Controversy Over De Facto Parentage Doctrine Ronald D. Rotunda
Protecting Rights in the Supreme Court Vikram David Amar and Kevin R. Johnson
How Prospective Law Students Can Make Better Use of the U.S. News Law School Rankings That Are About to Be Released Neil H. Buchanan
Education Is Everything, but It’s Not the Only Thing Michael C. Dorf
The Obama Administration’s Remaining Options for Executive Action on Immigration Anita Ramasastry
Riding with Strangers: Will the Shuddle Model Thrive and Should Parents Be Concerned? Joseph Margulies
Just Another Week in the War on Terror John Dean
A Personal Experience With Information Anxiety/Overload Marci A. Hamilton
How to Craft a Religious Exemption Regime Guaranteed to Be Dangerous for Children: The Case of Idaho Sherry F. Colb
The U.S. Supreme Court Considers Extending a Traffic Stop for a Dog Sniff Ronald D. Rotunda
Je Suis Charlie Hebdo Vikram David Amar
Just How Lawless Are the Alabama State Court Judges Who Have Been Refusing to Issue Same-Sex Marriage Licenses? Marci A. Hamilton
The Vaccine for Pollyanna Attitudes Toward Public Health and Religious Beliefs: Religious Exemptions for Vaccinations and Medical Neglect Need to Be Repealed Now and the Federal Government (and the Insurance Industry) Need to Incentivize the States to Do So Michael C. Dorf
The Deep Roots of the Left/Right Anti-Vaxxer Coalition Anita Ramasastry
Too Much Sharing in the Sharing Economy? Uber’s Use of Our Passenger Data Highlights the Perils of Data Collection via Geolocation Joseph Margulies
Islamophobia and the FOX News Backlash John Dean
ICYMI: Negative Ads Don’t Work Sherry F. Colb
Why Mental Health Clinician Empathy Seems to Vary With the Cause of a Patient’s Disorder Joanna L. Grossman and Lawrence M. Friedman
The Power and Peril of the Internet: How Should “Revenge Porn” Be Handled? Ronald D. Rotunda
The House of Representatives Lawsuit Against the Executive Branch Vikram David Amar
Can an Elected State Legislature Sue the State? And Can Congress Approve State Laws That Otherwise Violate the Constitution? More on the Arizona Redistricting Commission Case Neil H. Buchanan
Good Teachers Versus Bad Politicians Joanna L. Grossman
The Final Showdown: The Supreme Court Agrees to Decide Whether Bans on Marriages by Same-Sex Couples are Unconstitutional Michael C. Dorf
The Question Is How, Not Whether, the Supreme Court Will Find a Right to Same-Sex Marriage John Dean
Time for Madam President Sherry F. Colb
New York State Bans Tattoos of Companion Animals Marci A. Hamilton
The Supreme Court Decides Holt v. Hobbs the Way It Decided Burwell v. Hobby Lobby: With a License to Dictate Public Policy from the Bench Neil H. Buchanan
The Essential Role of Civilian Authorities In Law Enforcement Vikram David Amar
Why the Supreme Court Should Reject the Arizona Legislature’s Challenge to the Arizona Independent Redistricting Commission Joseph Margulies
Torture and Myth, Part Two: The Politics of Torture Michael C. Dorf
Civilian Control of the Police in NYC Ronald D. Rotunda
The President’s Power to Waive the Immigration Laws John Dean
Musing on a Belated Visit with California Justice Mildred Lillie Marci A. Hamilton
Leading Into the 2016 Presidential Election Battle, “Religious Liberty” Has Become Code for a License to Discriminate Against the LGBTQ Community (and Women) Sherry F. Colb
The Sony Hack and “Fruit of the Poisonous Tree” Joanna L. Grossman
Crackdown on Campus Sexual Harassment Investigations Joseph Margulies
Torture and Myth, Part One Vikram David Amar
Additional Thoughts (and Concerns) About the Low Bar Pass Rates in California and Elsewhere in 2014 Michael C. Dorf
Nebraska and Oklahoma Take Colorado to the Supreme Court Over Legalized Marijuana Joseph Margulies
The Fury of Radical Individualism Ronald D. Rotunda
Jonathan Gruber and the Wisdom of Crowds Joanna L. Grossman
Collateral Damage: Children Cannot Sue the Paramour Who Broke Up Their Parents’ Marriage Sherry F. Colb
When Does an Alzheimer’s Patient Lose the Capacity to Consent to Sex? Vikram David Amar and Alan E. Brownstein
The Year in Constitutional Review: Our Top 5 Constitutional Developments of 2014 (And None of Them Is a Supreme Court Decision!) Neil H. Buchanan
Not All Scandals Are Created Equal: The CIA vs. the IRS Michael C. Dorf
Must Texas Issue Confederate Flag License Plates? Neil H. Buchanan
Who Will Be Snared in the Impeachment Trap? Ronald D. Rotunda
The Ferguson, Missouri, Tragedy and the Future of Eyewitness Identification John Dean
The New Torture Report: Expect Little Other Than Talk Marci A. Hamilton
2014 in Review: The Ups and Downs of Child Protection Joseph Margulies
Imagine Life in the First World: Reforming the Ideology of American Justice Sherry F. Colb
The Supreme Court Considers “True Threats” and the First Amendment Joanna L. Grossman
Tightening the Reins on Single-Sex Classes in Public Schools Vikram David Amar
How Federalism Cuts Against the Challengers in King v. Burwell: Part Two in a Two-Part Series Vikram David Amar
Why the Federalism Teachings from the 2012 Obamacare Case Weaken the Challengers’ Case in King v. Burwell Michael C. Dorf
Prosecutorial Discretion Under Fire: The Common Thread in the President’s Executive Action on Immigration and the Non-Indictment in the Michael Brown Case John Dean
The GOP’s Coming Confirmation Extortion Games Ronald D. Rotunda
The Mystery of Case Assignment in the Ninth Circuit Joanna L. Grossman
Who Gets the Black Gold? Harold Hamm Ordered to Pay $1 Billion in Divorce Settlement Joseph Margulies
Lessons from Ferguson Sherry F. Colb
The Supreme Court Considers Warger v. Shauers: How Insulated Are Jurors From Having to Testify About Deliberations? Vikram David Amar
Lower Bar Pass Rates in Some States Should Cause Us to Examine This Year’s Test, and the Bar Exam in General Neil H. Buchanan
Disdainful Economists, Hubristic Jurists, and Fanatical Republicans: A Recipe for Single-Payer Health Care? Michael C. Dorf
Which Justices Are in Play in the New Obamacare Case? Ronald D. Rotunda
The Problem of Inflating Billable Hours John Dean
Will a Woman Be Sent to the White House in 2016? Let’s Hope! Marci A. Hamilton
The Internet, Religion, Transparency, and Battling Tyranny Sherry F. Colb
What Will the Supreme Court Say About Searches of Hotel Guest Records? Joanna L. Grossman
Murder, Suicide, and the Fight Over an Inheritance Vikram David Amar
Arizona’s Proposition 122 Is About More Than Just Federalism Neil H. Buchanan
The Great Denial: Anti-Government Ideologues Fight a Losing Battle Against Reality Michael C. Dorf
Ebola and Civil Liberties: Lessons From Gitmo Ronald D. Rotunda
Law Firms Creating In-House Ethics Counsel John Dean
Travel Bans and Mandatory Quarantines: Ebola Panic Calls for Clarifying the Law Neil H. Buchanan
Progressive Taxation and Spending Must Both Be Part of the Fight Against Inequality Marci A. Hamilton
Ebola Quarantines, RFRA, and RLUIPA, and the Right to Infect? Sherry F. Colb
Making Sense of “Yes Means Yes” Joanna L. Grossman
Misnomers: The Law and Practice of Child Naming Vikram David Amar
Whether and Why Delegations of Government Power to Private Actors Are Problematic: The Court May Take Up the Nondelegation Doctrine in DOT v. Association of American Railroads John Dean
Ben Bradlee, R.I.P. Anita Ramasastry
Good2Go? Good and Gone? Why an Affirmative Consent App Is a Risky Proposition Ronald D. Rotunda
The Military Commissions Are Still Proceeding Michael C. Dorf
How the Supreme Court’s Inaction on Same-Sex Marriage Echoes Its Conduct in the Civil Rights Era Marci A. Hamilton
The Hobby Lobby Solution Sherry F. Colb
The U.S. Supreme Court Revisits Hearsay and the Sixth Amendment Joanna L. Grossman
Traditional Surrogacy in Tennessee: Strange Statute Begets Strange Judicial Ruling Marci A. Hamilton
The Prospects Get Brighter for the Protection of Children as the Nobel Peace Prize Is Awarded to a Child and for the Protection of Children (and Not to Pope Francis) Vikram David Amar and Alan E. Brownstein
The Supreme Court to Consider When Threats Can Be Punished Consistent with the First Amendment Neil H. Buchanan
The Ebola Crisis Highlights the Dangerous Consequences of Habitually Demonizing the Government Michael C. Dorf
Containing Ebola: Quarantine and the Constitution Ronald D. Rotunda
Civil Forfeiture in Philadelphia John Dean
Chemerinsky Reports Troubling Truths About the U.S. Supreme Court Marci A. Hamilton
Supreme Court Preview of Holt v. Hobbs: When in the Era of Extreme Religious Liberty Can State Prison Administrators Enforce Security Needs? Sherry F. Colb
Singling Out Jewish Kaporos For Criticism Joanna L. Grossman and Lawrence M. Friedman
Click Away: A Texas Law on “Improper Photography” Bites the Dust Ronald D. Rotunda
A Special Counsel to Investigate the IRS Targeting of Tea Party Groups Neil H. Buchanan
The Road Show Blaming Teachers for Society’s Ills Moves from California to New York Vikram David Amar
Yet Another (Judicial) Incursion Into A State’s Decisions About How to Structure Direct Democracy: The Ninth Circuit’s Ruling in Chula Vista Citizens for Jobs and Fair Competition v. Norris Michael C. Dorf
Scotland’s Vote to Stay in the UK Raises the Question of When Other Groups Should Have the Chance to Secede John Dean
Resurrecting the Dubious State Secrets Privilege Marci A. Hamilton
Mr. President: The Islamic State Is a Religion Sherry F. Colb
Is It Arbitrary to Distinguish Incest From Homosexuality? Joanna L. Grossman and Deborah L. Brake
If She Don’t Win It’s a Shame: Female Executive Sues New York Mets for Pregnancy Discrimination Ronald D. Rotunda
IRS Monitoring Religious Groups Seth Stoughton
What Would a Better Ferguson Response Have Looked Like? Neil H. Buchanan
Airplane Seatbacks, the Coase Theorem, and Simplistic Solutions to Difficult Questions Michael C. Dorf
Two New Rulings Unmask the Weakness of the Case Against Marriage Equality Anita Ramasastry
Is Bitcoin Money? Lawmakers, Regulators and Judges Don’t Agree John Dean
Getting Away With Literary Fraud Marci A. Hamilton
The Slippery Slope of Religious Accommodation and How RFRA Is Teaching Legislators to Deny Accommodations in the First Place Sherry F. Colb
Examining the Sixth Amendment Right to Self-Representation Joanna L. Grossman
The End of the Road: The Late Anna Nicole Smith’s Quest to Inherit Is Over Vikram David Amar
Are “Advisory” Measures (Like Proposition 49) Permitted on the California Ballot? Neil H. Buchanan
One Wrong Answer to Some Very Important Questions: Understanding Why Cash Payments to College Athletes Is a Bad Idea Michael C. Dorf
Video-Recording Police–Citizen Encounters Is Necessary but Not Enough Joseph Margulies
The Reclamation of Torture John Dean
Who Is Abusing Power: Rick Perry or Michael McCrum, His Special Prosecutor? Marci A. Hamilton
Who Will Protect New York’s Children from Preventable Death and Permanent Disability? Joanna L. Grossman
Mommy and Momma: Determining Parentage in the New Family Sherry F. Colb
The Fifth Circuit Blocks Mississippi Law From Closing the Last Abortion Clinic Ronald D. Rotunda
Suing the President Vikram David Amar
Is the University of California Wrong For Admitting More Non-Californians? Neil H. Buchanan
College Sports Should Be Treated as a Source of Funding for Nonprofit Universities, Not as a For-Profit Business Michael C. Dorf
Academic Freedom in the Salaita Case John Dean
Thoughts On Nixon’s Resignation Marci A. Hamilton
The Circle Starts to Close: The Religious Freedom Restoration Act, Abortion, the Catholic Bishops, and the Satanic Temple Sherry F. Colb
The Supreme Court’s Approach to Restitution For Victims of Child Pornography Possession Joanna L. Grossman
Sex Behind Bars: Lessons From a Prison Sexual Harassment Case Ronald D. Rotunda
Using Facebook as a Discovery Device Vikram David Amar
How to Read Justice Kennedy’s Crucial Concurring Opinion in Hobby Lobby: Part II in a Series Neil H. Buchanan
Message to Young People: Social Security Will Be There For You, Unless You Let Wall Street Take It Away From You David S. Kemp
Comparing Two Federal Appellate Court Decisions on Same-Sex Marriage Michael C. Dorf
Federal Appeals Courts Divide Over Obamacare Subsidies—and Over “Textualism” John Dean
Nixon’s Uses, Abuses and Muses on the Supreme Court Marci A. Hamilton
Burwell v. Hobby Lobby Strikes Again, But Wisconsin Insurance Commissioner Strikes Out Sherry F. Colb
What Counts as an Abortion, and Does It Matter? Joanna L. Grossman
Hard Labor: New Pregnancy Discrimination Guidance From the EEOC Ronald D. Rotunda
Banning the Export of American Oil Vikram David Amar
A Potential Guide to the Meaning of Hobby Lobby: Why Justice Kennedy’s Concurring Opinion May Be Key, Part I Courtney Minick
Federal Judge Strikes Down California Death Penalty: What This Could Mean for California Neil H. Buchanan
Does Hobby Lobby All But Require Companies to Find Religion? Michael C. Dorf
How to Fix the Religious Freedom Restoration Act Rodger Citron
Saint Ethel? A Review of “Ethel Sings: The Unsung Song of Ethel Rosenberg” John Dean
Grounding the No-Fly List: Part Two of a Three-Part Series of Columns Marci A. Hamilton
Hobby Lobby Yields More Rancor as Wheaton College Queues Up to Deny Contraceptive Coverage to Its Female Employees Joanna L. Grossman
Federal Appellate Court Rules Utah’s Ban on Marriage by Same-Sex Couples Unconstitutional Ronald D. Rotunda
Changes in the Legal Profession and the Progress of Female Lawyers Neil H. Buchanan
Why Laffer Lingers: Tax Cut Snake Oil Is Still for Sale Michael C. Dorf
Did the Supreme Court Err by Rejecting Political Deadlock as a Basis for Recess Appointments? Sherry F. Colb
The Supreme Court Decides Riley v. California and Updates the Fourth Amendment Marci A. Hamilton
What’s Really Wrong With the Decisions in Burwell v. Hobby Lobby and Conestoga Wood v. Burwell? Vikram David Amar
Follow-Up on California’s Legislative Effort to Repeal Proposition 187 John Dean
Grounding the No-Fly List: Part One of a Three-Part Series of Columns Anita Ramasastry
Drones as the New Peeping Toms? Sherry F. Colb
Mediation: A Different Kind of Conversation Joanna L. Grossman and Lawrence M. Friedman
The Legal Price of Adultery Goes Down: North Carolina and West Virginia Abandon Heartbalm Actions Ronald D. Rotunda
Increasing Revenue by Lowering Taxes Vikram David Amar
Why the California Legislature Can’t Simply Repeal the Judicially Invalidated Proposition 187 Joanna L. Grossman
If Being Married Is the Goal, Beware the “Symbolic Resort” Wedding in Mexico Michael C. Dorf
How Secular Liberals Should Talk to Religious Conservatives Marci A. Hamilton
What RFRA Has Wrought: Hobby Lobby, Onionhead, and the Perils of Religious Triumphalism John Dean
Was It Really a Tea Party Election Upset of House GOP Leader Eric Cantor? Marci A. Hamilton
George Will and the Price of Ignorance Neil H. Buchanan
The Real Problems of Poverty and Inequality Exist Today, Not Decades or Generations From Now: Part Two of a Two-Part Series on Income Mobility and Inequality Sherry F. Colb
The U.S. Supreme Court Narrows States’ Discretion to Execute the Intellectually Disabled Ronald D. Rotunda
Amending the First Amendment Vikram David Amar
Three Recently Accepted Cases Shed Light on the Supreme Court’s Process for Granting Review Neil H. Buchanan
Poor, Rich, and Very Little Movement in Between: Part One of a Two-Part Series on Income Mobility and Inequality Michael C. Dorf
The Supreme Court Ducks a Treaty Power Question but Raises Broader Questions Rodger Citron
The Soda Ban or the Portion Cap Rule? Litigation Over the Size of Sugary Drink Containers as an Exercise in Framing Seth Stoughton
Marijuana Legalization Regimes and the Evolving Fourth Amendment John Dean
Secret Endless Editing of Published Supreme Court Opinions Marci A. Hamilton
Academic Freedom Is Not Immunity From Robust Debate in the Marketplace of Ideas Michael C. Dorf
Will the Lower Court Consensus on Same-Sex Marriage Influence the Supreme Court? Joanna L. Grossman
A Decade of Change: The Tenth Anniversary of Same-Sex Marriage in the United States Vikram David Amar and Alan E. Brownstein
The Equality and Coercion Issues Inadequately Addressed in Town of Greece v. Galloway Neil H. Buchanan
A Conservative Law Professor Points the Way Out of the IRS Scandal-That-Never-Was Sherry F. Colb
The Dilemma of Humane Execution and Humane Slaughter Joanna L. Grossman
Federal Judge Turns Back Hunt for Gays in the Department of Justice Ronald D. Rotunda
Prayers before Meetings of the Town Board of Greece, New York John Dean
The New Republican Benghazi Inquiry Is All About Money Marci A. Hamilton
The Lessons of the New Mississippi RFRA that Shed Light on the Hobby Lobby and Conestoga Wood Cases Pending at the Supreme Court Saira Mohamed
The Death Penalty in the United States and the Force of Regional Human Rights Law Joanna L. Grossman
Married Couple’s Phone Sex Did Not Force Divorce Clock to Reset Ronald D. Rotunda
The Ninth Circuit Departs From Tinker in Upholding Ban on American Flag T-Shirts in School Vikram David Amar
How the Biggest Supreme Court Victory for Affirmative Action a Decade Ago Contributed to the Defeat for Affirmative Action Last Month in the Schuette Case Neil H. Buchanan
Red-Baiting and Score-Settling in Conservatives’ Responses to Thomas Piketty’s Book Michael C. Dorf
A Limiting Principle for the Donald Sterling Case Sherry F. Colb
U.S. Supreme Court Considers Whether the Fourth Amendment Allows Reasonable Mistakes of Substantive Law: Part Two of a Two-Part Series of Columns John Dean
Stop Eviscerating Campaign Rules Marci A. Hamilton
Sex Abuse and Lawlessness in the Ultra-Orthodox Jewish Community Sherry F. Colb
U.S. Supreme Court Considers Whether the Fourth Amendment Allows Reasonable Mistakes of Substantive Law Part One of a Two-Part Series of Columns Joanna L. Grossman
Adoption by Gay Couple Not Blocked by Illegal Surrogacy Agreement Neil H. Buchanan
Freedom, Taxes, and Forced Labor: A Strange Brew of Libertarianism and Marxism Vikram David Amar
What Will the Supreme Court Do in the False Campaign Speech Case, Susan B. Anthony List v. Driehaus, Argued This Week? Ronald D. Rotunda
Using the State to Bully Dissidents Michael C. Dorf
The Supreme Court Again Fractures Over Race Joanna L. Grossman
The High Price of Badmouthing One’s Spouse During Divorce John Dean
A Federal Court Looks at Wisconsin’s Political War Marci A. Hamilton
The Overland Park, Kansas, Anti-Semitic Killer, the Kansas RFRA, the Federal RFRA, and RLUIPA Sherry F. Colb
Minnesota Court Rules That First Amendment Protects Encouraging a Suicide Julie Hilden
Animal Rights Activists Should Have Clear Notice of the Bounds of the Animal Enterprise Terrorism Act (AETA) Vikram David Amar and Alan E. Brownstein
The Narrow (and Proper) Way for the Court to Rule in Hobby Lobby’s Favor Neil H. Buchanan
Now That the Affordable Care Act Is Working, It Is Time to Adopt National Single-Payer Health Care Anita Ramasastry
Stalking Us as We Shop: HP’s New Smartshopper App Michael C. Dorf
Just Shy of Bribery: The Roberts Court Embraces Francis Underwood’s View of Washington John Dean
Impeachment Insanity Has Consequences Marci A. Hamilton
Your Laws on RFRA Sherry F. Colb
The “Agunah” Dilemma in Orthodox Jewish Circles Joanna L. Grossman
Undue Burden: New York City Police Officer Denied Opportunity to Take Sergeant’s Exam Because She Was Due to Give Birth the Same Day Neil H. Buchanan
Destroying Our Universities by Turning Us Against Ourselves Vikram David Amar
Is Tim Draper’s Six Californias Plan to Split the State Legal Under California Law? Michael C. Dorf
Supreme Court Oral Argument Shows How Religious Freedom Claims Have Become Ideologically Charged Anita Ramasastry
PotCoin and DopeCoin: Are They Viable and Legal Ventures? John Dean
Internal Investigations Can Resolve Scandals Marci A. Hamilton
The Insatiable Demand for Extreme Religious Liberty Under the RFRAs, Part II Sherry F. Colb
Burrage v. United States and the Role of Harm Causation in Culpability Joanna L. Grossman
Hair Makes the Man: Federal Appellate Court Says Short-Hair Requirement for Male Athletes Is Sex Discrimination Julie Hilden
A Ninth Circuit Decision Sends A Message On Public School Student Uniforms Leslie C. Griffin
Scandal at Notre Dame Neil H. Buchanan
The False Choice of Old Versus Young in American Budgetary Politics Michael C. Dorf
When Are First Amendment Exceptions Justified? Joanna L. Grossman and Lawrence M. Friedman
A Private Skirt in a Public Place: The Surprising Law of Upskirting Anita Ramasastry
Should Mt. Gox Be Bailed Out? What Should Regulators Do in Light of a Major Bitcoin Heist? David S. Kemp
The Fair Use Doctrine Revisited: Part Two in a Three-Part Series of Columns Jens David Ohlin
Crisis in Crimea: Can Putin Claim Consent? John Dean
Bridgegate: Thoughts on the Nature of Scandals Marci A. Hamilton
The Insatiable Demand for Extreme Religious Liberty Under the RFRAs, Part I: Why Hobby Lobby Falls Outside RFRA’s Protections Sherry F. Colb
The U.S. Supreme Court’s View of Consent in Fernandez v. California Joanna L. Grossman
The Red State Scare: Federal Court in Texas Invalidates Ban on Marriages by Same-Sex Couples Julie Hilden
A Ninth Circuit Panel Balances First Amendment Rights Against School Safety Vikram David Amar and Alan E. Brownstein
Consistency in the Treatment of Religious Liberty Claims: Hobby Lobby and Town of Greece Viewed Side by Side Neil H. Buchanan
The Dignity of Work Without End: Do Conservatives Really Want People Never to Retire? Michael C. Dorf
Arizona and Other States Consider Expanding Religious Freedom to Discriminate Anita Ramasastry
Bitcoin: If You Can’t Ban It, Should You Regulate It? The Merits of Legalization John Dean
Michael Bromwich’s Apple Monitoring Continues: Chapter Two Marci A. Hamilton
Sex Assaults at Evangelical Colleges, the United Nations, and the Vatican Sherry F. Colb
A Giraffe’s Death and the Meaning of Our Outrage Joanna L. Grossman
Kentucky to Become a “Second Paradise” for Same-Sex Married Couples Julie Hilden
Gawker Media Versus Hulk Hogan: A Court Fight Over a Sex Tape Vikram David Amar and Alan E. Brownstein
The Ninth Circuit, in SmithKline v. Abbott Labs, Bars Lawyers From Removing Gay/Lesbian Jurors: Part Two in a Two-Part Series Neil H. Buchanan
The Short, Unhappy Life of a Republican Attack Line, and Its Angry Aftermath Michael C. Dorf
The Supreme Court Considers What Role States May Play in Intellectual Disability Determinations Anita Ramasastry
The Spokeo Lawsuit and the Perils of the New People Finder Companies David S. Kemp
The Fair Use Doctrine Revisited: Part One in a Three-Part Series of Columns John Dean
The Implications of Suing the NFL’s Super Bowl Ticketing Scheme Neil H. Buchanan
Debt by Any Other Name: Even If the President Were to Default on Our Obligations, He Would Still Violate the Debt Ceiling Sherry F. Colb
A Murder Case Highlights an Odd Exception to the Sixth Amendment Julie Hilden
The Ninth Circuit Holds—Correctly—That a Blogger Has the Same Defamation Protection as a Journalist Vikram David Amar and Alan E. Brownstein
The Ninth Circuit, in SmithKline v. Abbott Labs, Bars Lawyers From Removing Gay/Lesbian Jurors Marci A. Hamilton
The Federal Government Turns Its Focus to Sexual Assault on Campus Michael C. Dorf
The Supreme Court’s Responsibility for Recent Death Penalty Mishaps Anita Ramasastry
OfficeMax’s Deceased Daughter Mail Blunder and the Limits of Privacy Law Joanna L. Grossman
Why a Craigslist Sperm Donor Owes Child Support John Dean
In-flight Cell Phoning Is an Awful Idea Marci A. Hamilton
The Supreme Court Hears Oral Argument in Paroline v. Unknown Amy, a Case Regarding Restitution for Child Pornography Victims Sherry F. Colb
Excluding Pregnant Women from the Right to Terminate Life Support Joseph Margulies
Coming Out of the Turn: Charting a New Course in Criminal Justice Joanna L. Grossman
Secrets and Lies: A New Ohio Law Opens the Adoption Closet Peter W. Martin
Citation as DNA Vikram David Amar
Why “Blind” Grading Makes Good Sense, and Should Be Used More Extensively Outside of the Context of Law School Exams Neil H. Buchanan
The Great Inequality Debate, and the Reemergence of Distribution as a Respectable Subject of Discussion Michael C. Dorf
Obamacare and Participation in Evil Julie Hilden
A Battle Between A Rapper And A Notorious Former Cocaine Dealer Over Intellectual Property Rights Ends Up in a California Court John Dean
“Bridgegate” Or “Bridgetgate”? And Other Unanswered Questions Marci A. Hamilton
2013: The Year in Review for Child Sex Abuse Victims’ Access to Justice Sherry F. Colb
The Fortieth Anniversary of the Endangered Species Act and Plato’s Allegory of the Cave Joanna L. Grossman
Equality Still Elusive for Women in the Federal Workforce David S. Kemp
On Brain Death and Civil Rights Vikram David Amar
Some Political and Constitutional Questions Raised by Tim Draper’s “Six Californias” Plan to Split Up California Neil H. Buchanan
President Obama Should Not Put the Fed in the Middle of 2014’s Debt Ceiling Madness Anita Ramasastry
Why Holiday Headaches From the Target Debit-Card Breach May Not Amount to Viable Legal Claims David S. Kemp
Ohio’s March Toward Marriage Equality John Dean
The Legal Story of the Year, and Next Year Too: Edward Snowden Joanna L. Grossman and Lawrence M. Friedman
Kody’s Big Score in the Challenge to Polygamy Law Julie Hilden
Why a Texas Appellate Court Struck Down a Ban on Certain Sexual Communications Online Vikram David Amar and Alan E. Brownstein
The Question of Disparate Speech Impact in the Court’s Upcoming McCullen v. Coakley Case Neil H. Buchanan
The Next Debt Ceiling Crisis Can Be Prevented If Democrats Learn From Filibuster Reform Michael C. Dorf
A Festivus for the Rest of Us Anita Ramasastry
Who Is Looking at Your Kids’ School Data? Why Congress Needs to Take Note Anita Felicelli
Traversing Anupam Chander’s The Electronic Silk Road John Dean
I Don’t Want Michael Bromwich Messing With My Next iPhone Marci A. Hamilton
The Bishops Versus Women’s Health: The Gloves Are Off Sherry F. Colb
U.S. Supreme Court Considers When Heroin Dealing “Results” In Death Part Two of a Two-Part Series of Columns Joanna L. Grossman
De Facto Parentage and the Rights of Former Stepparents Rodger Citron
Walden v. Fiore: The Supreme Court Turns to Personal Jurisdiction Issues Julie Hilden
The Risks of Defamation on Blogs, Twitter, and Facebook, and the Corsi/Esquire Magazine Case Vikram David Amar
Is ALEC’s Draft “Equal State’s Enfranchisement Act,” Concerning U.S. Senate Elections, Constitutional? Neil H. Buchanan
College Athletes, Full-Ride Scholarships, and Anti-Intellectualism Sherry F. Colb
U.S. Supreme Court Considers When Heroin Dealing “Results” in Death Anita Ramasastry
GAO Report Highlights Compelling Reasons for New Federal Privacy Law Joanna L. Grossman
Sperm Donors on the Large and Small Screen Michael C. Dorf
Who Benefits From Filibuster Reform? Julie Hilden
Can a Trial Court, Consistent with the First Amendment, Order an Attorney to Take Down Part of Her Website During Trial? Neil H. Buchanan
Republicans Need to Understand That It Is Possible to Negotiate Without Taking Hostages Michael C. Dorf
How the Supreme Court Unwittingly Legitimized Richie Incognito’s Unlawful Conduct Anita Ramasastry
Teens and Online “Eraser” Laws: Good Intentions, but the Wrong Approach? Paula Mitchell
California’s Death Penalty: A Year in Review John Dean
The GOP’s Nixonian Filibuster of Another Obama Judicial Nominee Joanna L. Grossman
Hawaii Comes Full Circle on Same-Sex Marriage Marci A. Hamilton
There Is Really Only One Issue in Town of Greece v. Galloway Sherry F. Colb
Maternal-Fetal Conflicts in Abortion and Fetal Protection Joanna L. Grossman
ENDA and the Rainbow Workforce Julie Hilden
Should a Public Middle School Grammar Teacher Be Able to Teach a Lesson About the “N Word”? Vikram David Amar and Alan E. Brownstein
A Breakdown of this Week’s Supreme Court Oral Argument in the Town of Greece v. Galloway Case Involving Prayer at Town Board Meetings Neil H. Buchanan
Will Extreme Conservatives Ever Break With Ultra-Extreme Conservatives? David S. Kemp
The Warrant Requirement for GPS Tracking Devices John Dean
Teaching Lawyers, And Others, To Be Leaders Marci A. Hamilton
The “Me Me Me Generation” of Believers Joanna L. Grossman
The Pregnancy Discrimination Act Reaches Advanced Maternal Age Julie Hilden
Should Revenge Porn Be Illegal? Victims Say Yes, and so Does the California Legislature Paula Mitchell
The Weight of Capital Punishment on Jurors, Justices, Governors, & Executioners Neil H. Buchanan
To Prevent Future Debt Ceiling Crises, President Obama Needs a Plan C Sherry F. Colb
The U.S. Supreme Court Considers Anonymous Tips Part Two of a Two-Part Series of Columns Anita Ramasastry
Debt Collecting by Text: Why This Practice Should Be Prohibited Absent Express Consumer Consent Julie Hilden
Some Flaws in California’s New Law Regarding Paparazzi’s Harassment of Celebrities’ Children Joanna L. Grossman
Same-Sex Weddings at the Jersey Shore David S. Kemp
Should the United Nations Be Liable for the Haiti Cholera Epidemic? John Dean
Is Republican Obstructionism Criminal? Marci A. Hamilton
Gov. Jerry Brown’s Recent Veto of Child Abuse Legislation and What It Tells Us About the Civil Rights Movement for Children Sherry F. Colb
The U.S. Supreme Court Considers Anonymous Tips: Part One of a Two-Part Series of Columns Joanna L. Grossman
California Allows Children to Have More Than Two Legal Parents David Cassuto
Review of Mind If I order the Cheeseburger and Other Questions People Ask Vegans Neil H. Buchanan
If the Debt Ceiling Is Reached, the President Will Be Forced to Go It Alone, But the Fed Could Save the Day Paula Mitchell
Are Trial Courts Even-Handed in Excusing Jurors Based on their Views on the Death Penalty? David S. Kemp
When Can Administrative Claims Preclude Constitutional Claims? Michael C. Dorf
The Tea Party Is Exploiting the Framers’ Blind Spot on Political Parties John Dean
The Legality of Government by Extortion: “As We Say, Or We Shut It Down” Marci A. Hamilton
The Republican War Against Women Sherry F. Colb
What’s Wrong With In Vitro Meat? David S. Kemp
Is Virginia the Next Major Same-Sex Marriage Battlefield? Joanna L. Grossman and Lawrence M. Friedman
Last Rights and the Battle Over Huguette Clark’s Will Neil H. Buchanan
Germany’s Election Results Are Bad News for the U.S. Michael C. Dorf
Don’t Expect the Latest Mass Shootings to Produce Gun Control Legislation Anita Ramasastry
Should Schools Stalk Students Online to Prevent Cyberbullying? Paula Mitchell
Ripe for Resolution: Ending Taxpayer Expenditures on Pointless Litigation Julie Hilden
When Is a Public School Student’s Online Speech About School Violence Cause for Concern? John Dean
Are Internet Providers, in Fact, at Risk for Defamation Liability? Marci A. Hamilton
Reflections on the 2013 Constitution Sherry F. Colb
What To Expect From the Supreme Court’s Abortion Case This Term Joanna L. Grossman and Deborah L. Brake
Playing “Too Womany” and the Problem of Masculinity in Sport Julie Hilden
Does the First Amendment Protect Begging? Saira Mohamed
What Does Opposition to War in Syria Tell Us About the State of International Law? Rodger Citron
The Legal Significance of the Leo Frank Case Vikram David Amar and Alan E. Brownstein
Precisely How Much Academic Freedom Should (Does) the First Amendment Afford to Professors and Teachers at Public Schools? The Ninth Circuit’s Take in the Recent Demers v. Austin Case Neil H. Buchanan
How to Succeed in Sounding Impressive When Talking about Budgets and Deficits Without Really Trying: Understanding the Degraded Media Environment When It Comes To Reporting and Discussing U.S. Budgetary Matters Paula Mitchell
California Voters’ Shifting Views on the Death Penalty Anita Ramasastry
Should There Be a Right to Reclaim Your Name? The Harm of Errors in Consumer-Data Collection and Some Possible Solutions Michael C. Dorf
Could the President Bomb Syria Even If Congress Says No? David S. Kemp
A South Carolina Same-Sex Marriage Challenge, and Predictions as to the Outcome of Future Litigation in This Area John Dean
Who Won, Vicki Iseman or The New York Times? And What About the Debate? Marci A. Hamilton
Sullivan & Cromwell and Yeshiva University Issue a Disappointing Report on Child Sex Abuse That Is Short on Facts and Long on Public Relations Sherry F. Colb
The New Mexico Supreme Court Applies Anti-Discrimination Law to Wedding Photographer Refusing to Photograph Same-Sex Commitment Ceremonies Joanna L. Grossman
Falling Dominoes: Same-Sex Spouses Gain More Recognition Rights Vikram David Amar
Advice for the Law School Class of 2016: Ten Suggestions for Incoming Law Students Neil H. Buchanan
The Next Debt Ceiling Debacle: The Republicans Are Setting an Impeachment Trap, and the Democrats Continue to Misunderstand What Is Happening David S. Kemp
Why Leaker Chelsea Manning Should Receive Appropriate Medical Care in Prison John Dean
New Accusations by a Nixon Apologist Based on Recently Discovered Information Regarding the Watergate Cover-Up Trial Joanna L. Grossman
And They Shall Call Him . . .? Post-Divorce Disputes Over Children’s Surnames Sherry F. Colb
A Federal Court Holds New York Stop-and-Frisk Policy Unconstitutional in Floyd v. City of New York Michael C. Dorf
The Obama Administration Has Temporarily Cut Military Aid to Egypt, But Still Won’t Call the Coup a Coup: Why Modern Presidents Evade the Law Marci A. Hamilton
The Book of Matt and What It Can Tell Us About the Zimmerman/Martin Case Julie Hilden
Was a Tennessee Judge Right to Reject a Child’s Parents’ Choice of the Name “Messiah” for Their Baby Boy? Vikram David Amar
Another Front in the Same-Sex Equality Campaign: Jury Service, Peremptory Challenges, and the Smithkline Beecham Corp. v. Abbott Laboratories Case Pending in the Ninth Circuit Neil H. Buchanan
The IRS “Scandal” Turned Out to Be a Non-Scandal, But It Might Not Matter: Why It Is Not Just the Right-Wing Echo Chamber That Will Perpetuate the Myth of Political Manipulation of the IRS Michael C. Dorf
What’s So Odd About A-Rod Playing Baseball Pending Appeal? Nothing. Courts Allow It All the Time Courtney Minick
Protesters or Pirates? David S. Kemp
The Imminent Demise of Section 2 of the Defense of Marriage Act John Dean
Understanding This Town: Two Parties and a Funeral-Plus, Plenty of Valet Parking-in America’s Gilded Capital by Mark Leibovich Marci A. Hamilton
The California Catholic Bishops Fight Access to Justice for Child Sex Abuse Victims Sherry F. Colb
The Significance of the New “Pain Capable Abortion” Laws Joanna L. Grossman
A Matter of Contract: The Wisconsin Supreme Court Rules Traditional Surrogacy Agreements Are Enforceable Neil H. Buchanan
Has Behavioral Law and Economics Jumped the Shark? Understanding When a Promising Research Agenda Has Run Its Course—And Why It Matters in the Real World Julie Hilden
A Colorado Case Raises Key Questions About When a Demonstration Becomes A Private Nuisance, and How Much Gory Material Children Should Be Able to Be Exposed To Vikram David Amar
Why California Should Repeal Proposition 8: Part Two in a Two-Part Series on What Should Happen to Same-Sex Marriage in California After Hollingsworth v. Perry Michael C. Dorf
A Federal Appeals Court Rejects a New York Times Reporter’s Plea to Shield His Source, Highlighting the Need for Action by the Other Branches Anita Ramasastry
British Prime Minister David Cameron’s Crusade to Block Internet Porn: Why His Plan Is Messier Than He Thinks Julie Hilden
The Boycott of the Upcoming Ender’s Game Film: Is It Justified? John Dean
Noriega v. The Huffington Post: The End of the Story Neil H. Buchanan
Republicans Choose the Dark Ages Over the Enlightenment: The Right’s Agenda Is Even More Reactionary Than It Had Seemed Sherry F. Colb
Sexual Surrogacy: Better Than Prostitution? Joanna L. Grossman
Solomon’s Child: How Baby Veronica Came to Be Returned Home After a Long Legal Battle David S. Kemp
A Case Against the Six-Person Jury for Serious Crimes Marci A. Hamilton
The Facts, the Verdict, and the Role of the Department of Justice’s Community Relations Service (CRS) in the Zimmerman Trial: A Model of Opacity Vikram David Amar
Why the Proponents of California’s Same-Sex Marriage Ban Are Unlikely to Succeed in Getting the California Supreme Court to Enforce Proposition 8: Part One in a Two-Part Series on What Should Happen to Same-Sex Marriage in California after Hollingsworth v. Perry Joseph Margulies
The Promise of May, the Betrayal of June, and the Larger Lesson of Manning and Snowden Anita Ramasastry
Shopping Under Surveillance: Why We Should Think Twice About Letting Retailers Track Us in Stores Michael C. Dorf
The Petition for Immediate Supreme Court Review of a Foreign Intelligence Surveillance Court Order Raises Thorny Procedural Issues John Dean
Why the Snowden Leak(s) Should Result in a Supreme Court Review of the FISA Court’s Verizon Order Marci A. Hamilton
Why the En Banc Tenth Circuit’s Interpretation of the Religious Freedom Restoration Act in Hobby Lobby v. Sebelius Is Indefensible Sherry F. Colb
What Does the Sixth Amendment Right to Jury Trial Protect?: The Supreme Court Decides Alleyne v. United States Joanna L. Grossman and Deborah L. Brake
Revenge: The Supreme Court Narrows Protection Against Workplace Retaliation in University of Texas Southwestern Medical Center v. Nassar Julie Hilden
A College Student Prevails on a First Amendment Claim Based on His Peaceful Protest on the Supreme Court Plaza Vikram David Amar
What the Supreme Court Should Have Said in the Proposition 8 Case, and How an Important Tweak Would Have Avoided Unnecessary Damage to the Initiative Device Rodger Citron
Seven Ways of Looking at Kiobel v. Royal Dutch Petroleum and the Supreme Court Under Chief Justice John Roberts Michael C. Dorf
The Troubling Emergence of Novelty-Skepticism on the Supreme Court John Dean
Will Director of National Intelligence James Clapper Be Prosecuted for Lying to Congress Regarding the NSA’s Surveillance? Marci A. Hamilton
How to Read United States v. Windsor to Understand What Gay Couples Won This Week, But Why They Still Have a Long Way to Go Joanna L. Grossman
DOMA is Dead: The Supreme Court Rules in United States v. Windsor that the Defense of Marriage Act is Unconstitutional Sherry F. Colb
A Restroom of One’s Own: The Maine Supreme Court Considers A Transgender Student’s Exclusion From the Girls’ Bathroom Marci A. Hamilton
The Inevitable Holding in Shelby v. Holder, and Its Fallout Joanna L. Grossman
The Power to Harass: The Supreme Court Adopts A Definition of “Supervisor” that Reduces Employer Liability for Harassment Julie Hilden
Texas’s New Retraction Statute: Why This Strongly Pro-First Amendment Measure Should Be Passed Into Law Vikram David Amar
A Preview of Next Week’s Supreme Court Ruling in Hollingsworth v. Perry—The Case From California Involving Proposition 8’s Ban on Same-Sex Marriage: What to Expect and What to Look For Neil H. Buchanan
What Should We Think Now About the IRS? We Are All Paying the Price for Republicans’ Underfunding and Vilifying of the Tax Agency Michael C. Dorf
The Supreme Court Rejects Arizona’s Requirement That Voters Prove Their Citizenship—For Now Anita Ramasastry
No Unpaid Interns Need Apply: Why a Federal Court Got It Right in Finding Unpaid Interns to Really Be Employees David S. Kemp
Doctors and Lawyers and Such: A Pediatric Lung Transplant Case Illustrates the Complex Relationship Between the Government and Medical Providers John Dean
Dealing with National Security Leaks: Obama’s “Plumbers”: Part Two in a Two-Part Series of Columns Marci A. Hamilton
The Supreme Court Renders Another Decision Interpreting the Ex Post Facto Clause That Makes It More Difficult to Incarcerate Sex Offenders: What the Ruling Means for Child Safety Sherry F. Colb
The Road to Justice Scalia Is Paved With (Some) Intentions: The Supreme Court Decides Maryland v. King Joanna L. Grossman
Seneca Falls Redux: New York’s Governor Cuomo Pushes A New Law to Protect Women’s Rights Julie Hilden
The Newtown School Massacre; Connecticut’s New, Related Law; and How Such Laws Might Change in the Future Vikram David Amar and Alan E. Brownstein
What Should the Supreme Court do With Town Board Prayers in Galloway v. Town of Greece? A Liberty-Based Analysis That Bolsters the Second Circuit’s Equality-Based Ruling Neil H. Buchanan
Economic Stagnation, Social Security, and the Future: Young People Should Blame the Rich and Powerful, Not the Baby Boomers Michael C. Dorf
Whom Should Chris Christie Name to Frank Lautenberg’s Senate Seat? Current Law Provides No Perfect Options John Dean
Dealing With National Security Leaks: Obama’s “Plumbers”: Part One in a Two-Part Series of Columns Marci A. Hamilton
The Supreme Court Takes the Case of Town of Greece v. Galloway, Which Raises the Questions Whether—And If So, How—a Town Board May Open Its Meetings With Prayer Sherry F. Colb
Antipathy to Lawyers and Litigation as a “Bullies Will Be Bullies” Attitude Joanna L. Grossman
Birthright: The Iowa Supreme Court Allows a Lesbian Co-Parent to Be Listed on an Infant’s Birth Certificate Vikram David Amar
Supreme Court’s Ruling in Arlington v. FCC Highlights Debate Over the Meaning and Future of Chevron Deference Doctrine in Administrative Law Neil H. Buchanan
Why Are Republicans Determined to Waste Money on Government? The Upside-Down Logic of Taking Responsibilities (and Funding) Away From the IRS Michael C. Dorf
A Unanimous Supreme Court Ruling Underscores the Limits of Habeas Corpus as a Remedy for State Prisoners David S. Kemp
Changing Our Attitudes Toward Health Policies John Dean
President Obama’s Burgeoning Scandals—Benghazi, IRS, and AP’s Telephone Logs—Are All Smoke and No Fire Marci A. Hamilton
Abuse in the Sports World, and What Needs to Be Done About It Sherry F. Colb
The U.S. Supreme Court Rules That Blood Tests for Drunk Driving Suspects Require a Search Warrant: A Wise Decision? Joanna L. Grossman
A Difference of Opinion: Are Universal Life Church Weddings Valid in New York? Julie Hilden
Why Tennessee Might—and Should—Reject Its Proposed “Ag Gag” Bill Vikram David Amar
The Breadth of the Ministerial Exception and Ecclesiastical Deference: A State Supreme Court Case Highlights Questions Left Open by Last Year’s U.S. Supreme Court Hosanna-Tabor Ruling Neil H. Buchanan
How Did Gay Bashing Become Part of the Debate Over Government Spending and Deficits? Why We Need to Focus on Making Wise Investments in Future Prosperity Michael C. Dorf
Legal Limits on the Forced Feeding of Hunger-Striking Guantanamo Bay Detainees David O. Klein and Jonathan E. Turco
Multilevel Marketing: How to Avoid Building the Pyramid John Dean
Unfortunately, Conspiracy Theorists Are Now Busy Concocting Bizarre Explanations of The Boston Marathon Bombing Marci A. Hamilton
Who Is Afraid of Justice for Child Sex Abuse Victims, and Who Is Fighting for It? Some Recent Developments Sherry F. Colb
Rape by Deception, Rape by Impersonation, and a New California Bill Joanna L. Grossman
Victor/Victoria: Michigan Court Says Marriage Still Valid Despite Husband’s Sexual Reassignment Surgery Julie Hilden
A New Mexico School District Censors Students’ Attempts to Use Plastic Fetus Dolls to Talk About Abortion Sarah Glassmeyer
Disruption in the Legal Industry: A Librarian’s Perspective Vikram David Amar
If the Supreme Court Decides the Proposition 8 Sponsors Lack Standing, What Will Happen to Same-Sex Marriage in California? Part Two in a Two-Part Series of Columns Neil H. Buchanan
Obama’s Conservative Budget: The White House’s Budget Proposal Should Remove All Remaining Hope That the President is Secretly an Economic Liberal Michael C. Dorf
Some Good News for Human Rights Lawyers in the Supreme Court’s Interpretation of the Alien Tort Statute David S. Kemp
Miranda’s Public Safety Exception: How It Does and Does Not Affect the Evidence Against the Boston Marathon Bombing Suspect John Dean
Unstated Findings of the Detainee Treatment Report: Bush/Cheney & Co. Are War Criminals Marci A. Hamilton
A Movie Deal and Two New Books Guarantee that the World Will Finally Understand the Catholic Church Child Sex Abuse Scandal Sherry F. Colb
The U.S. Supreme Court Declares Warrantless Dog Sniffs of Private Front Porches Unconstitutional, Or Does it? A Closer Look at Florida v. Jardines Joanna L. Grossman
Parenthood by Contract: The Kansas Supreme Court Enforces a Lesbian Co-Parenting Agreement John Dean
Was the Recording of Senator Mitch McConnell’s Campaign a Watergate-like Event, and Was It Illegal? Julie Hilden
The First Amendment and Ag-Gag Laws Neil H. Buchanan
Pay the Rich and the Foreigners First: Republicans Reveal Their True Priorities, as They Plan to Hold Everyone Else Hostage to the Debt Ceiling, Yet Again Vikram David Amar
Precisely What Will, or Should, Happen to Same-Sex Marriage in California if the Supreme Court Finds in Hollingsworth v. Perry That the Proposition 8 Sponsors Lack Standing? Part One in a Two-Part Series of Columns Michael C. Dorf
Two Recent Supreme Court Cases Sow Confusion About the Standard for Certifying Class Actions Anita Ramasastry
Teens and Tiaras: Virtual Beauty Contests on Instagram, and Why the Company Should Do Something About Them David S. Kemp
The Constitution and Punitive Damages: A Ten-Year Anniversary Discussion of State Farm v. Campbell John Dean
Republicans’ Ongoing Desperation: They’re Still Attacking Voters and Government Marci A. Hamilton
The Plague of Proposed Legislation by Religious Entities in the States: An Explosion in Foolhardy State Religious Liberty Proposals and a Sneaky Addition to the Pennsylvania Task Force’s Legislative Proposals Michael C. Dorf
The Supreme Court Will Review a Michigan Affirmative Action Case Next Term, but May Address the Key Issues in It This Term Joanna L. Grossman
What’s the Matter with North Dakota and Arkansas? Two State Legislatures Pass Highly Restrictive and Unconstitutional Abortion Laws Julie Hilden
The U.S. Court of Appeals for the Third Circuit Rules in Favor of a Public Elementary School Student Who Sought to Pass Out Invitations to Her Church’s Party to Her Classmates Vikram David Amar
Why The U.S. Supreme Court Should Not Fear That Denying the Proposition 8 Sponsors Federal Standing Will Weaken The Initiative Device (And a Few Other Thoughts on the Oral Argument in Perry v. Hollingsworth) Neil H. Buchanan
Simplistic Slogans and Real Consequences: Republicans’ Calls to Run Balanced Budgets Are Based on Meaningless Bromides, Not Sound Economics Sherry F. Colb
Do People Under Arrest Have a Privacy Right in Their DNA? The U.S. Supreme Court Hears Argument in Maryland v. King Part Two in a Two-Part Series of Columns Anita Ramasastry
Will Virtual Money Laundering Rules Stop the Illegal Use of Virtual Currencies? Why Regulators Have More Work to Do to Clarify the Rules of the Virtual Currency Road David S. Kemp
Serving Foreign Defendants via Facebook: Is A New York-Based Federal District Court’s Decision a Sign of the Times? John Dean
Senator Ted Cruz (R TX): The Tea Party’s New Intellectual at Work Neil H. Buchanan
Taking From Everyone to Give to the Rich: Why There Is Nothing “Principled” About Republicans’ Refusal to “Betray Our Principles” in Budget Negotiations Sherry F. Colb
Do People Under Arrest Have a Privacy Right in Their DNA? The U.S. Supreme Court Hears Argument in Maryland v. King Part One in a Two-Part Series of Columns Julie Hilden
Is Hawaii’s Steven Tyler Act Consistent With the First Amendment? David O. Klein and Jonathan E. Turco
Running Sweepstakes Promotions: An Endeavor Best Not Left to Chance Joanna L. Grossman and Leon Friedman
A Lawyer for All: The 50th Anniversary of Gideon v. Wainwright Vikram David Amar
(Unpersuasive) Challenges to the National Popular Vote Plan: Part One in a Series of Columns Marci A. Hamilton
A New Pope, A New Beginning for Clergy Child Sex Abuse Survivors? Why It’s Unlikely Michael C. Dorf
Justice Scalia’s Long Campaign Against “Racial Entitlements” Takes an Unexpected Turn David S. Kemp
The Need for Discussion of End-of-Life Care Plans John Dean
End Republican Party Obstructionism: Follow the California Model Marci A. Hamilton
Coaches’ Codes of Conduct: What Universities, Schools, Teams, and Leagues Must Do in the Wake of the Penn State, Olympic Swimming, and Poly Prep Country Day School Child Abuse Scandals Sherry F. Colb
Is Veganism a Religion Under Anti-Discrimination Law? An Ohio Federal District Court Says Perhaps Joanna L. Grossman
A Step in the Right Direction: The Family and Medical Leave Act of 1993 at 20 Julie Hilden
Can California’s Anti-Paparazzi Statute Survive a First Amendment Challenge? Vikram David Amar
The First of Many Expected Five-Four Rulings at the Supreme Court this Term: Clapper v. Amnesty International USA Rejects Plaintiffs’ Standing to Challenge Foreign Surveillance Neil H. Buchanan
Passing Bad Laws on Purpose: How to Understand the Legal Difference Between the Sequester and the Debt Ceiling Michael C. Dorf
Is Obama’s Policy of Targeted Killings Really Worse than Bush’s Torture Policy? Anita Ramasastry
The Federal Trade Commission Takes Aim at Mobile App Privacy: Why It’s About Time David S. Kemp
Reforming the Legal Profession: The Need for Adequate Career Advice Before Law School John Dean
Some, Albeit Little, Hope for Voting Reform Marci A. Hamilton
Hurricane Sandy Disaster Relief for Houses of Worship: Why the Establishment Clause Forbids this Most Recent Attempt by Religious Lobbyists to Obtain Government Support and Funding Julie Hilden
The Minnesota Supreme Court Rules for the Defendant in a Suit Alleging Online Defamation Rodger Citron
The Supreme Court Takes on A Case Regarding “Arising Under” Jurisdiction: A Prediction as to How the Court Will Resolve Gunn v. Minton Joanna L. Grossman
In Utero: The New Jersey Supreme Court Says Prenatal Drug Exposure Is Not Sufficient Evidence of Child Abuse Neil H. Buchanan
Protecting Social Security From an Onslaught of Misinformation: Young People Need to Make Sure That This Essential Program Will Be There to Help Them Vikram David Amar
Does BLAG Have Standing in the Defense of Marriage Act (DOMA) Case in Front of the Supreme Court? Sherry F. Colb
Salinas v. Texas in the U.S. Supreme Court: Does the Fifth Amendment Protect the Right to Remain Silent? Marci A. Hamilton
The American Bishops, Contraception, and Gender Discrimination David S. Kemp
When Conscience and Duty Conflict: A Health Care Provider’s Moral Dilemma John Dean
Eric Cantor’s GOP Rebranding: Same Old Same Old Sherry F. Colb
Salinas v. Texas in the U.S. Supreme Court: Does the Fifth Amendment Protect the Right to Remain Silent? Part One in a Two-Part Series of Columns Joanna L. Grossman and Lawrence M. Friedman
“Mama’s in the Graveyard, Papa’s in the Pen”: Why the Children of a Slaying Spouse Cannot Inherit Michael C. Dorf
Congressional Republicans Offer Three Bad Arguments for Upholding the Defense of Marriage Act Vikram David Amar
The No Budget, No Pay Bill, the Twenty-Seventh Amendment and the Debt Ceiling Neil H. Buchanan
Finally, Prominent Economists Are Admitting That the Policy Debate Should Not Focus on the Debt and Deficit: The Folly of Thinking Too Far Ahead Sherry F. Colb
Evans v. Michigan: The Supreme Court Mulls Over Double Jeopardy, Again Anita Ramasastry
When a Friend Is Really a Foe: Why U.S. Consumer Protection Bodies Should Regulate Debt Collectors’ Use of Social Media Joanna L. Grossman
Battle of the Sexes: The Department of Defense Lifts the Restriction on Women in Combat Rodger Citron
Down the Rabbit Hole: A Review of Errol Morris’s A Wilderness of Error: The Trials of Jeffrey MacDonald John Dean
Dealing With Aaron Swartz in the Nixonian Tradition: Overzealous Overcharging Leads to a Tragic Result Marci A. Hamilton
The Release of the Los Angeles Archdiocese’s Records Relating to Clergy Child Sex Abuse: The Insights It Reveals, and Why the Justice System Deserves Great Credit Here Michael C. Dorf
Marking the Fortieth Anniversary of Roe v. Wade Part Two: Why the Court Did Not Go Too Far Too Fast Joanna L. Grossman and Lawrence M. Friedman
Labor of Love: Sex, Jobs, and Workers' Compensation Vikram David Amar
Do Special Legislative Protections for Labor Picketing Violate the First Amendment? The California Supreme Court in the Ralphs Grocery Case Says “No,” Disagreeing with the D.C. Circuit and Setting Up a Split Only the Supreme Court Can Resolve Michael C. Dorf
Marking the Fortieth Anniversary of Roe v. Wade Part One: Where Three Common Criticisms Go Wrong Neil H. Buchanan
President Obama’s Least Bad Options: Understanding Two Independent Constitutional Justifications for Exceeding the Debt Ceiling, and Exploring Two Ways to Do So Anita Ramasastry
Revenge Porn Returns, with Home Addresses: Why the Site Is Legal and What Legislators Might Do to Fix That David S. Kemp
Can Health Care Providers Ethically Go on Strike? John Dean
Why President Obama Could Easily Be Impeached Over the Debt Ceiling If Congress Fails to Raise It Marci A. Hamilton
Football, Sexual Assault, and the Web: The End of the Institutional Cover-ups of Sexual Abuse and Assault Sherry F. Colb
The U.S Court of Appeals for the Sixth Circuit Upholds Restrictions on Medical Abortion: Why Should Anyone Care? Joanna L. Grossman
When Good Courts Go Bad: The Iowa Supreme Court Issues an Absurd Decision on Sexual Jealousy and Employment Neil H. Buchanan and Michael C. Dorf
What Can The President Do When Congress Gives Him a “Trilemma” of Unconstitutional Choices? Understanding Why the President Must Exceed the Debt Ceiling Julie Hilden
The First Amendment and a New York State Newspaper’s Reportage of the Names of All Area Individuals Holding Pistol Permits Vikram David Amar
The Constitutional Problems With the Hawaii Law By Which Senator Schatz Was Appointed to Replace the Late Senator Inouye Neil H. Buchanan
A Mismatch Between Tax Politics and Deficit Rhetoric: A Very Bad Tax Deal Is Passed by Politicians Who Do Not Understand the Economics of Deficits Michael C. Dorf
What Gun Regulations Will the Supreme Court Allow? Part Two: Originalism and the Second Amendment John Dean
A Necessary Beginning To Ending Capitol Gridlock: Filibuster Reform Michael C. Dorf
What Gun Regulations Will the Supreme Court Allow? Part One: Restricting Firearms Outside of the Home Vikram David Amar and Alan E. Brownstein
How a Case About Decriminalization of Marijuana Has Substantial Implications for the Rights of Gay and Lesbian Persons Anita Ramasastry
Instagram’s Terms of Service Revision: Why It Strained the Bounds of Fair Contracting Neil H. Buchanan
How Many Times Will Speaker Boehner Save President Obama From Himself? The Budget Negotiations Show That the President Is Still a Center-Right Politician Elected by Center-Left Voters Sherry F. Colb
Do Rapists Have the Right to Parent Children Conceived in Rape? Part Two of a Two-Part Series of Columns Anita Ramasastry
Senator Franken Wants Us to Know When Our Apps Are Tracking Us: Why This Is a Sensible Thing for Congress to Require Marci A. Hamilton
The Sandy Hook Murders, and Their Lessons: A Three-Part Legislative Agenda to Protect Us from Future Deranged Mass Murderers David S. Kemp
The Ongoing Debate Over Physician-Assisted Suicide John Dean
The Ultimate GOP Obstructionism Is Secession, but That Will Never Happen Marci A. Hamilton
The Year in Review: 2012 Marks the Highest Watermark Yet for Victims of Child Sex Abuse Sherry F. Colb
Do Rapists Have the Right to Parent Children Conceived in Rape? Part One of a Two-Part Series of Columns Joanna L. Grossman
Going to the Show: The Supreme Court Will Consider Validity of Same-Sex Marriage Bans Julie Hilden
Why North Carolina’s New Law Making It a Crime for Students to Bully Teachers Online Is Deeply Troubling From a First Amendment Standpoint Vikram David Amar
Equal Access to the Tools of Political Change; The Sixth Circuit’s Coalition to Defend Affirmative Action Case Is Destined For the Supreme Court Neil H. Buchanan
The Fiscal Cliff Is a Sideshow, but the Debt Ceiling Is the Main Event: If House Republicans Refuse to Raise It, the President Should Show Them What Discretion Really Looks Like Michael C. Dorf
Is the Supreme Court Ducking the Same-Sex Marriage Question, and If So, Is That Wrong? Marci A. Hamilton
A Review of the Documentary Mea Maxima Culpa: Silence in the House of God, Which Reveals the Paradigm of Institution-based Child Sex Abuse John Dean
Why Grover Norquist’s Anti-Tax Pledge Is Unenforceable and Unconstitutional Marci A. Hamilton
The U.S. Court of Appeals for the Second Circuit Considers in Bronx Household of Faith v. Board of Education Whether Public Schools Can Be Houses of Worship Sherry F. Colb
The European Court of Human Rights Upholds German Ban on PETA’s “Holocaust On Your Plate” Campaign: Lessons For Animal Activists and for Animal Product Consumers Joanna L. Grossman
Who’s the Boss? The Supreme Court Hears Argument on the Meaning of the Term “Supervisor” in Workplace Harassment Law Julie Hilden
A Mississippi Public School Student’s Rap Song Gets Him a Suspension, and a First Amendment Case Michael C. Dorf
In Search of an Agenda for Obama’s Second Term Anita Ramasastry
Facebook’s Mandatory Couples Pages: The Site’s Creating Them May Be Legal, But Is It Wise? David S. Kemp
Autonomous Cars and Surgical Robots: A Discussion of Ethical and Legal Responsibility John Dean
The Politics of Polarization and Obstructionism Marci A. Hamilton
The Global Child Sex Abuse Scandals in Institutions Continue, With Australia Now Joining the Countries That Are Investigating: What Congress and the President Should Do Here in the U.S. Michael C. Dorf
Brinksmanship or Statesmanship: The Looming Fight at the Edge of the “Fiscal Cliff” Joanna L. Grossman
An Historic First: Voters Support Same-Sex Marriage at the Polls Julie Hilden
A First Amendment Fight At Oregon State University Leads to an Interesting Decision From a Panel of the U.S. Court of Appeals for the Ninth Circuit Antonio Haynes
Condoms and Content-Based Discrimination: The First Amendment Implications of “The Safer Sex in the Adult Film Industry Act” Vikram David Amar and Alan E. Brownstein
The Establishment Clause and the Free Speech Clause in the Context of the Texas High School Cheerleader Religious Banner Dispute Neil H. Buchanan
What Do We Really Owe to Future Generations? The Devastation of Hurricane Sandy Exposes the Fallacy of Focusing on the Federal Government’s Deficit and Debt Marci A. Hamilton
Does the Republican Party Want to Win? If So, Some Suggestions Sherry F. Colb
The U.S. Supreme Court Considers Dog Sniffs and the Fourth Amendment David S. Kemp
Election Day Resources From Justia’s Verdict John Dean
George McGovern: R.I.P. (1922–2012) David S. Kemp
False Tweets During a Crisis: Why They May Go Unpunished Sherry F. Colb
The U.S. Supreme Court Considers Dog Sniffs and the Fourth Amendment Joanna L. Grossman
Hands Off the Merchandise!: Appellate Court Orders Grocery Store to Ban Sexual Harasser from Premises Julie Hilden
Why a Missouri School Speech Case Doesn’t Merit Supreme Court Review, and What Kind of School Speech Case Likely Will Vikram David Amar
An Update on the National Popular Vote Movement and Other Election Reform As the 2012 Presidential Election Looms Neil H. Buchanan
Governance by a Party With a Leadership That Has Been Taken Over by Sociopaths: The Fourth and Final Column Analyzing What Mitt Romney Would Do As President Michael C. Dorf
A Federal Appeals Court Invalidates a Military Commission Conviction: Paying the Price for Circumventing the Civilian Justice System Anita Ramasastry
Bachelors of Color Need Not Apply? Why a Federal Court Was Right to Hold That ABC Has a First Amendment Right to Choose Its Bachelor Contestants, but the Network Should Voluntarily Change Its Practices Rodger Citron
Another Fine Mess: An Assessment of the Most Recent Supreme Court Oral Argument in Kiobel v. Royal Dutch Petroleum David S. Kemp
The End of an Unjust Law: The Second Circuit Strikes Down DOMA and Sets the Stage for Supreme Court Review John Dean
How Mitt Romney Forgot His Legal Thinking at the Hofstra Debate Marci A. Hamilton
How Religious Bullies Have Recently Sought to Impose Their Views on Others, in Pakistan and Here in the U.S. Joanna L. Grossman
Binders for Women, Blinders for Romney Michael C. Dorf
The Recent Supreme Court Affirmative Action Oral Argument Zeroes in on the Concept of “Critical Mass” Joanna L. Grossman
When Your Daddy Is Not Really Your Daddy: A Man Successfully Sues His Ex-Wife for Paternity Fraud Damages Antonio Haynes
Eroticized Violence and Corporal Punishment in Public Schools: A Controversy Over Males Spanking Female Students, and Its Implications Julie Hilden
The Controversy Over a Teacher’s Criticism of a Student’s Romney/Ryan T-Shirt, and a Possible Solution for the Future Vikram David Amar
Was Justice Scalia Right That Many Contentious Constitutional Issues Are “Easy” to Resolve? Neil H. Buchanan
Would I Lie to You? In the Debate and Elsewhere, Romney and Ryan Exploit the Manipulative Tactics of Car Salesmen (With Apologies to Car Salesmen) Sherry F. Colb
Is Cellphone Tracking Okay If There’s No Trespass? A Sixth Circuit Panel Says Yes: Part Two in a Two-Part Series of Columns Anita Ramasastry
Biometrics in the School Lunch Line: Why Parents Should Be Concerned About the Privacy Implications of This Trend Julie Hilden
A Chicago Judge Rules in Favor of “Occupy Chicago” Protesters: Why He Made The Right First Amendment Call John Dean
The First 2012 Presidential Debate: How the Incumbent Got Trapped Marci A. Hamilton
A Federal Judge Upholds the Women’s Health Regulations of the Affordable Care Act Against a Free Exercise of Religion Challenge Sherry F. Colb
Is Cellphone Tracking Okay If There’s No Trespass? A Sixth Circuit Panel Says Yes: Part One in a Two-Part Series of Columns Joanna L. Grossman and Lawrence M. Friedman
I See London, I See France: Upskirting and the Law Paula Mitchell
An Educated Electorate: Essential to a Robust Democracy Vikram David Amar and Alan E. Brownstein
Assessing California’s New Law (And Others Somewhat Like It) That Tries to Regulate Funeral Demonstrations Without Violating the First Amendment Neil H. Buchanan
The Rich, the Poor, and Changes Over Time: How Mitt Romney’s Condemnation of People Who Pay No Federal Income Taxes Conflicts With a Republican Talking Point About Income Mobility Michael C. Dorf
A Supreme Court Admiralty Case Sheds Light on a Longstanding Debate Anita Ramasastry
The Right to Be Untagged: As Facebook Disables Facial Recognition for EU Consumers, U.S. Consumers Are Left Wondering What’s Next for Them John Dean
It’s Even Worse Than It Looks: The Sources of Washington’s Current Problems Marci A. Hamilton
Why the United States Must Either Get Behind the Anti-Islam Videographer’s First Amendment Right to Insult Religion (and Politics and Politicians and Every Other Power, Large or Small), Or Lose What Matters Most Sherry F. Colb
The Downside of Juries in a World That Can’t Stop Talking Joanna L. Grossman
Single-Sex Public Schools and Classes: A Dangerous Lesson in Stereotypes? Julie Hilden
A Federal Judge Declines to Grant a Motion to Dismiss a Minnesota Student’s First (and Fourth) Amendment Complaint Based on Her School’s Demand That She Give Up Her Facebook and Email Passwords Vikram David Amar
An Interesting Takings Case on the Supreme Court’s October Argument Calendar: Arkansas Game & Fish Commission v. United States Neil H. Buchanan
What Would Happen to Young People If We Cut Their Parents’ and Grandparents’ Government Benefits? The Third in a Series of Columns Analyzing What Mitt Romney Would Do As President Michael C. Dorf
A Federal Appeals Court Upholds Louboutin’s Trademark for Red-Soled Shoes: Has the Law Granted Too Much Protection for Intellectual Property? Anita Ramasastry
Does Match.com Have To Make Sure Its Member Profiles are Real and Accurate? Why A Federal Judge Correctly Ruled No David S. Kemp
The Failure of Criminal HIV Transmission Laws John Dean
The Republicans’ Shameless War on Voting Marci A. Hamilton
The 2012 Democratic Party Platform: Religion, Women, and Children Marci A. Hamilton
The 2012 Republican Party Platform: Religion, Women, and Children Sherry F. Colb
The Significance of Blind Spots in Moral Reasoning Joanna L. Grossman
Costly Mistakes: Employers Ignore Workplace Harassment at their Peril, As the Recent Cases of New York State Assemblyman Vito Lopez and Chrysler Show Vikram David Amar
Does the Diversity Justification for Affirmative Action (Mis)Use Minority Students? Reassessing the Supreme Court’s Decision in Grutter Neil H. Buchanan
The Unserious Mr. Ryan and the Idea-Free Mr. Gingrich: Understanding the Beltway’s Confusion of Mere Ideology With Actual Ideas Anita Ramasastry
Are We Our Co-Jurors’ Keepers? New Social-Media Jury Instructions Ask Jurors to Turn in Their Peers If They Break the Rules Michael C. Dorf
How Todd Akin’s Statements About Rape and Pregnancy Undercut the Pro-Life Movement’s Efforts to Sell Itself as Pro-Woman John Dean
Donald Langevoort: A Thoughtful Legal Thinker Marci A. Hamilton
Republican Vice Presidential Pick Paul Ryan, Limited Government, and Ryan’s Big Picture When It Comes to Policy Julie Hilden
Can Celebrities Successfully Sue to Keep Their Stolen Wedding Photos Private? The U.S. Court of Appeals for the Ninth Circuit Say Yes, in a Case Pitting Latin American Celebrities Against a Gossip Magazine Joanna L. Grossman
Beware the Undissolved Civil Union: Massachusetts’ Highest Court Says That A Subsequent Marriage is Polygamy Michael C. Dorf
Can the Government Require Doctors to Provide Misleading Information to Patients Seeking Abortions? A Federal Appeals Court Says No, but Means Yes Vikram David Amar and Alan E. Brownstein
Teaching (and Learning) About United States v. Alvarez, the Stolen Valor Act Case Neil H. Buchanan
The Double Etch-a-Sketch Ticket: The Romney Campaign Tries to Erase Paul Ryan’s Dishonest and Troubling Track Record Sherry F. Colb
Two New York State Court Panels Suppress Evidence and Spark Great Controversy: Part Two Anita Ramasastry
Progressive Car Insurance’s “Snapshot” Experiment: Should Consumers Be Wary of Being Individually Tracked While Driving? Joanne Mariner
Paul Ryan and Human Rights John Dean
How Lawyers Can Minimize Professional Mistakes During a Scandal Like That at Penn State: Part Two in a Two-Part Series of Columns Marci A. Hamilton
The Constitutional Answer to Balkanization: The Recent Controversies Regarding Hercules and Chick-fil-A, and a Wrongly Decided Federal District Court Case Sherry F. Colb
Two New York State Court Panels Suppress Evidence and Spark Great Controversy Joanna L. Grossman
The Defense of Marriage Act (DOMA) Takes Another Bullet: How Can It Survive? Julie Hilden
The Michigan Supreme Court Holds That the First Amendment Protects Drivers From Being Punished for Their Purely Verbal Disagreements With Parking Ticket Officers Vikram David Amar
What a Recently Released Study Ranking Law School Faculties by Scholarly Impact Reveals, and Why Both Would-Be Students and Current/Prospective Professors Should Care Neil H. Buchanan
The States Can Afford to Expand Medicaid, and the Federal Government Can, Too: Governors Would Be Foolish and Cruel to Opt Out of the Affordable Care Act’s Medicaid Expansion Michael C. Dorf
Why the Chick-fil-A Controversy Raises Tough Questions About Government Power to Regulate Business Based on Owners’ Political Spending Anita Ramasastry
Digital Parody and the Shell Arctic Hoax: Did the Yes Men Cross A Legal Line With Their Most Recent Brandalism? John Dean
Talking With an Expert About Serious Attorney-Client Privilege Confusion During the Penn State Child-Abuse Scandal Marci A. Hamilton
Why the Summer of 2012 Will Go Down in History as the Breakthrough Summer for Child-Sex-Abuse Victims Sherry F. Colb
A German Court Bans Circumcision Julie Hilden
A Florida Court Allows a College Professor to Learn the Name of a Student Who Lodged a Complaint Against Him: Was This the Right Result? Julie Hilden
The Supreme Court Strikes Down the Stolen Valor Act: Was It the Right Call? Vikram David Amar
Can A Lower Federal Court Effectively Provide Protection Against Prosecution? A Mississippi Abortion Law Raises the Question Neil H. Buchanan
Coercion, Volition, and Consent: Did the Supreme Court’s Decision Limiting Congress’s Ability to Cut Off Medicaid Funds Signal a New Sensitivity to the Realities of What Counts as a “Free” Choice? Joanne Mariner
A Legal Challenge to Targeted Killings Anita Ramasastry
Cyber-Screening, Social Media, and Fair Credit Reporting: Why We Need to Move Beyond the FTC’s Recent Spokeo Enforcement Action Michael C. Dorf
How a Recent Supreme Court Case About Labor Unions Foreshadowed the Obamacare Ruling John Dean
Gaming American Democracy: How Republicans Are Now Determined to Buy Political Power Marci A. Hamilton
What the Freeh Report Does—and Does Not—Tell Us About Child Sexual Abuse at Penn State Neil H. Buchanan
Soft Drinks, Taxes, and Regulation: Why the Attacks on Mayor Bloomberg’s Proposed Size Restrictions on Soda Servings Are Misplaced Sherry F. Colb
Was It Wrong for Chief Justice Roberts to “Flip Flop” on Obamacare? Joanna L. Grossman
Bringing Title IX to Bear on the Problem of Sexual Violence in Schools: Part Two of a Two-Part Series Joanna L. Grossman
Bringing Title IX to Bear on the Problem of Sexual Violence in Schools Vikram David Amar
The Top 10 Things to Take Away From Last Week’s Supreme Court Obamacare Ruling Neil H. Buchanan
It Does Not Matter Whether Congress Calls a Tax a Tax: Explaining the Dissenting Justices’ Misconceptions About the Taxing Power in the Affordable Care Act Case Anita Ramasastry
The Orbitz Controversy: Why Steering Mac Users Toward Higher-Priced Hotels Is Arguably Wrong, and What Might be Done About It Joanne Mariner
Journalists, Protesters, and Other Terrorist Threats John Dean
Why Chief Justice Roberts Dared Not Overturn President Obama’s Healthcare Plan Julie Hilden
Why The D.C. Court of Appeals Rejected the Claim that Performing a Rap Constituted Making a Criminal Threat Sherry F. Colb
What’s Wrong With “Doping” to Get A’s In High School? Joanna L. Grossman and Deborah L. Brake
The Big 4-0: Title IX Puts a Fourth Decade Under Its Belt Marci A. Hamilton
Survivors of Sexual Abuse Prevail in Pennsylvania: The Lynn and Sandusky Cases Show Us What Justice Looks Like Vikram David Amar and Alan E. Brownstein
Under What Circumstances Can a State Compel a Pharmacy to Provide “Morning After” Drugs Against the Religious Objections of Pharmacists? A Case From Washington State Illustrates Modern Free Exercise Doctrines and Dilemmas Neil H. Buchanan
Social Security and the Economy: The President and Congress Should Be Happy That Social Security Is Not Part of the Problem, and They Should Leave It Alone Michael C. Dorf
How Rulings of the Supreme Constitutional Court of Egypt Hold Lessons for Emerging Democracies, and for Our Own Anita Ramasastry
Are Teen Flirting Sites Safe? The Skout Experiment Provides a Cautionary Tale John Dean
Making Your Point: A Special Question & Answer Session About Effective Advocacy, with Ross Guberman John Dean
John Dean’s Notes for His Diary, From The Washington Post’s “Watergate at 40” Event Marci A. Hamilton
What Penn State, Horace Mann, the Ultra-Orthodox Jewish Community, the Roman Catholic Church, and the Fundamentalist Church of Jesus Christ of Latter-Day Saints Have Taught Us: We Need Child-Sex-Abuse Whistleblower Laws Michael C. Dorf
A Supreme Court Ruling on Jurisdiction Has Potential Implications for the Law Regarding Drone Strikes Joanna L. Grossman
Two More Nails in DOMA’s Coffin: Courts Invalidate Federal Law’s Rejection of Same-Sex Marriage Marci A. Hamilton
The First Day of the Trial of Former Penn State Assistant Coach and Second Mile Founder Jerry Sandusky for 52 Counts of Child Sex Abuse Julie Hilden
Is a Defamation Case a Good Remedy for Cyberbullying? An Atlanta Girl Tests the Law Marci A. Hamilton
A Tale of Two Child Sex Abuse Trials Involving Two Iconic Pennsylvania Institutions: Penn State and the Philadelphia Roman Catholic Archdiocese Vikram David Amar
Obamacare and the Misguided Criticism of “Liberal Law Professors” Who Defend It Sherry F. Colb
Some Reflections on the Texas Pre-Abortion Ultrasound Law, a Year After Its Passage: Part Two in a Two-Part Series of Columns Anita Ramasastry
Facebook Junior? The Implications of Expanding Facebook’s Universe to the Under-13 Crowd Joanne Mariner
A Thousand Years of Solitude John Dean
How to Better Fight Cyberbullying: Finding Fixes for the Internet Protection Act Marci A. Hamilton
Notre Dame Sues the Federal Government in Order to Avoid Providing Reproductive Services to Its Female Students and Employees Sherry F. Colb
Some Reflections on the Texas Pre-Abortion Ultrasound Law, a Year After Its Passage: Part One in a Two-Part Series of Columns Joanna L. Grossman
The Supreme Court on the Social Security Rights of Posthumously Conceived Children: State Law Controls Family Status Vikram David Amar
The Citizens United Case and Jeffrey Toobin’s Account of it in The New Yorker: An Interesting Story but an Incomplete Argument Neil H. Buchanan
Denying the Failure of Austerity Policies by Claiming That They Were Never Enacted: Understanding the Last-Ditch Effort to Save a Disastrous Ideological Agenda Joanne Mariner
Ending Prison Rape Anita Ramasastry
A Federal Judge Draws the Right Line in Interpreting a Utah Law Regarding Web Content That Is Deemed Harmful to Minors Michael C. Dorf
How the Debate Following the Massive JPMorgan Chase Trading Loss Reveals the Laissez-Faire Ideology of Contemporary American Conservatism John Dean
Denying Clemency for Draconian Sentencing Based on Bad Information: The Clarence Aaron Case Marci A. Hamilton
The Truth About the Philadelphia Archdiocese, Child Sex Abuse by Its Priests, and Its Latest Missteps Sherry F. Colb
Iowa Passes an “Ag-gag” Law: The Power and Limits of Free Speech Joanna L. Grossman
Another Frontier: Connecticut’s High Court Recognizes a Cause of Action for Sexual-Orientation Harassment in the Workplace Julie Hilden
Does the First Amendment Provide Protection for Facebook “Likes”? A Federal Judge Wrongly Says No Vikram David Amar
What Does the Pew Research Center’s Recent Survey Showing an Historically Low Favorability Rating of the Supreme Court Tell Us? Joanna L. Grossman
The Pregnant Workers’ Fairness Act: Accommodating the Needs of Pregnant Working Women Neil H. Buchanan
How Would Economic Policy Change Under a President Romney? The Second in a Series of Columns Analyzing What Mitt Romney Would Do As President Michael C. Dorf
What’s Really at Stake in the Controversy Over Elizabeth Warren’s Past Claims of Native American Ancestry Anita Ramasastry
Can Buying a Plane Ticket Also Buy You Love? The New World of Travel Dating and Its Possible Personal and Legal Risks David S. Kemp
Facebook’s New “Organ Donor” Feature: Many Applaud It, but Some Raise Possible Concerns About Protecting Private Health Information John Dean
Revisiting Woodward and Bernstein’s Watergate Reporting: A New Smoking Gun? Marci A. Hamilton
North Dakota’s Religious Freedom Restoration Act (RFRA) Signals Religious Lobbyists’ New and Disturbing Approach to Statute-based Free Exercise Rights Sherry F. Colb
How the Government May, and May Not, Punish People’s Thoughts and Words Anjali Dalal
Why the Cyber Intelligence Sharing and Protection Act (CISPA) Is Not the Solution to U.S. Cyber Attack Fears Joanna L. Grossman
The EEOC Rules That Transgender Discrimination Is Sex Discrimination: The Reasoning Behind That Decision Julie Hilden
The Defamation Suit Against Rachel Maddow: Why It Should Fail Vikram David Amar
Five Free Speech Myths of Which College Demonstrators and Protestors Should Be Aware to Avoid Unexpected Trouble Neil H. Buchanan
What Would Life Be Like Under a President Romney? The First in a Series of Columns Analyzing What Mitt Romney Would Do As President Anita Ramasastry
Mug Shot Mania: The Legal and Policy Issues Surrounding Private Websites’ Postings of Arrest Photos Michael C. Dorf
Recent Supreme Court Rulings May Show Hostility to Civil Rights, Even on the Part of Almost All of the Court’s Liberals John Dean
Did Keith Olbermann Blow His Lawsuit Against Current TV By Saying “I Screwed Up” on Letterman? Absolutely Not! Marci A. Hamilton
The Catholic Bishops Lobby Against Legislation to Protect Children Sherry F. Colb
“Stand Your Ground” Laws and Competing Visions of “Fight or Flight” in the Real World Joanna L. Grossman
The Lady in Red: Equal Pay Day and the Continuing Problem of Gender-Based Pay Discrimination Julie Hilden
A Spate of Complaints Asking Libraries to Censor the Hunger Games Trilogy: Why We Should Keep the Books Accessible to Kids Joanne Mariner
The Trial of the Century? Marci A. Hamilton
A Politically Moderate Constitutional Law Professor Examines the Gender Gap in This Presidential Election Vikram David Amar
The High Court Needn’t Worry About Sliding Downhill: An Evaluation of the “Slippery Slope” Concerns Expressed at the Oral Argument in the Challenge to the Mandate Provision of the Affordable Care Act (Obamacare) Anita Ramasastry
Stalker Apps? “Girls Around Me” Highlights the Privacy Perils of Geolocation Apps Michael C. Dorf
Severability May Hold the Key to Obamacare’s Future: How Much of the Law Will Survive the Supreme Court’s Review? John Dean
Good Luck, Wisconsin, You’ve Got A Classic Authoritarian Governor: Part Two in a Two-Part Series on Scott Walker Neil H. Buchanan
‘The One Percent’ and the Rewards of Education: Collecting the Revenue Necessary to Send More Americans to College Is Vital Julie Hilden
Was It a First Amendment Violation for a New York School to Suspend a Fifth Grader Who Shared a Violent but Perhaps Joking Wish? Joanna L. Grossman
Flag-Waving Gametes: Biology, Not Gestation or Parenting, Determines Whether Children Born Abroad Acquire Citizenship from U.S. Citizen Parents Vikram David Amar
The “Other” Case This Term Testing Congress’ Enumerated Powers to Pass a Healthcare Law: Coleman v. Court of Appeals of Maryland and FMLA Michael C. Dorf
Three Key Exchanges in the Obamacare Oral Argument Neil H. Buchanan
An Educated Population Is Essential to a Nation’s Prosperity, yet Some Politicians Are Demonizing Our Educational System for Political Advantage Sherry F. Colb
Why Interrogation in Jail May Not Count as “Custodial”: The Supreme Court Makes New Law in Howes v. Fields Part Two in a Two-Part Series of Columns Anita Ramasastry
Can Employers Legally Ask You for Your Facebook Password When You Apply for a Job? Why Congress and the States Should Prohibit This Practice Joanne Mariner
The Hybrid Rules of Drone Warfare John Dean
A Fair Question: Is Governor Scott Walker a Conservative Without Conscience? Marci A. Hamilton
An Historic Turning Point for Reforming Statutes of Limitations for Child Sex Abuse: News From Massachusetts, and More Neil H. Buchanan
Why Do We Simply Accept on Faith That Taxes Are Always Harmful? Economists Begin to Acknowledge the Weak Empirical Case for Tax Cuts, but We Should Say More About the Real Costs of Cutting Taxes Sherry F. Colb
Why Interrogation in Jail May Not Count as “Custodial”: The Supreme Court Makes New Law in Howes v. Fields Part One in a Two-Part Series of Columns Joanna L. Grossman
The Controversy Over Public Breastfeeding: Breast May Be Best, but Objectors Say Not in My Backyard (or Airplane) David S. Kemp
Sex Discrimination Claims Under Title VII and the Equal Protection Clause: The Eleventh Circuit Bridges the Gap Vikram David Amar
Fisher v. Texas and the Reasons Why Liberals and Conservatives on the Supreme Court Don’t Trust Each Other on Affirmative Action: Part Two in a Two-Part Series of Columns Marci A. Hamilton
The GOP, Privacy and Reproductive Rights, and the Backlash Julie Hilden
The Controversy Over the R Rating for The Weinstein Company’s Movie “Bully”: Why There Should Be a Ratings Exception for Essential Material in Documentaries and Based-on-a-True-Story Films Anita Ramasastry
Catching Warlords via Viral Videos: A Film About Joseph Kony Offers Us a New Vision of How to End Impunity Michael C. Dorf
What We Can Learn About Equality and Religion From a Recent Israeli Supreme Court Decision on Military Service John Dean
Getting Watergate’s History Right: Max Holland’s Page-Turner Explaining Deep Throat’s Motives Marci A. Hamilton
Children in Peril in New York: Another Infant Dies Due to a Risky Circumcision Practice, and More Needs to Be Done Regarding Child Sex Abuse Sherry F. Colb
Donor Chains and the Legality of Compensating Kidney Donors: Critically Assessing Our Moral Intuitions Joanna L. Grossman
Is the Defense of Marriage Act (DOMA) Indefensible? A Federal Court Says Yes, in Golinski v. OPM Julie Hilden
A Louisiana Federal District Court Judge Strikes Down a Law Banning Registered Sex Offenders From Accessing Facebook and Other Social-Networking Sites Was It The Right Call? Vikram David Amar
Fisher v. Texas and the Reasons Why Liberals and Conservatives on the Supreme Court Don’t Trust Each Other on Affirmative Action: Part One in a Two-Part Series of Columns Neil H. Buchanan
Understanding the Misunderstandings on Both Sides of the U.S.-Chinese Financial Relationship: Who Is Taking Advantage of Whom? Joanne Mariner
Chipping Away at the NDAA Anita Ramasastry
Should Target Tell Your Loved Ones You Are Pregnant, Or Should You? The Perils of Consumer Data Aggregation, Including Loss of Privacy Michael C. Dorf
The Supreme Court Agrees to Hear an Affirmative Action Case Will the Justices Honestly Confront the Issues? John Dean
The Story and Legacy of the Greatest Judge of His Era, Henry Friendly Marci A. Hamilton
The Lessons We Should Take From the Recent Hearings on President Obama’s Contraception-Coverage Compromise, and Other Battles Involving Religious Lobbyists Michael C. Dorf
How to Limit the Damage Caused by the Citizens United Decision Joanna L. Grossman
A Federal Judge Thwarts Title VII and the Pregnancy Discrimination Act by Ruling Bizarrely That Lactation Is Not Related to Pregnancy Neil H. Buchanan
Why Are So Many Economists So Unable to Help With the Ongoing Economic Crisis? Understanding What the Economics Profession Rewards and Penalizes Vikram David Amar and Alan E. Brownstein
The Right Way to Accommodate Religious Objections to the Contraception Coverage Mandate Sherry F. Colb
The Supreme Court Decides the GPS Case, United States v. Jones, and the Fourth Amendment Evolves: Part Two in a Two-Part Series of Columns Anita Ramasastry
Divorce, Digital Identities, and Virtual Property: Who Gets Your Facebook Friends and Farmville Dollars When You Split Up? David G. Post
SOPA and the Future of Internet Governance John Dean
Predicting Presidential Performance: Why Mitt Romney Would Be an Active/Negative President Like Bush II, Nixon, LBJ, Hoover, and Wilson Marci A. Hamilton
The U.S. Court of Appeals for the Ninth Circuit Strikes Down Proposition 8: Three Key Elements of the Decision Sherry F. Colb
The Supreme Court Decides the GPS Case, United States v. Jones, and the Fourth Amendment Evolves: Part One in a Two-Part Series of Columns Joanna L. Grossman
The Beginning of the End of the Anti-Same-Sex-Marriage Movement Julie Hilden
How The Litigation Over California’s Anti-Same-Sex-Marriage Prop. 8 Gave Rise to a First Amendment Fight Neil H. Buchanan
The Buffett Rule Is an Imperfect Form of Tax Justice, but an Important Step in the Right Direction Vikram David Amar
English Language Proficiency and Elective Office in the Southwest: An Arizona Ballot-Access Case Poses Important Questions Joanne Mariner
Repealing the NDAA Anita Ramasastry
Facebook’s New Timeline Feature: Will It Increase Users’ Risk of Identity Theft? Michael C. Dorf
Some Legal and Policy Ramifications of Newt Gingrich’s Plan to Colonize the Moon John Dean
The Montana Supreme Court Arguably Flouts the Citizens United Ruling: Will It Be Reversed? Marci A. Hamilton
New York City and State Consider Seeking to Reverse the Second Circuit’s Decision in the Bronx Household of Faith Case, Regarding Whether a Church Can Make a Public School Its House of Worship Sherry F. Colb
Governor Cuomo Urges New York Constitutional Amendment Legalizing Casino Gambling: Good Idea or Serious Mistake? Joanna L. Grossman
Men Who Give It Away: The Potential Perils of Free and Non-Anonymous Sperm Donation Julie Hilden
The Supreme Court’s Decision in Golan v. Holder: Can the U.S. Government Constitutionally Pull Works Out of the Public Domain? Vikram David Amar and Alan E. Brownstein
The Lower Court Rulings in Nordyke and Heller II Highlight Judicial Confusion Over Gun Rights: Part Two in a Two-Part Series on the Ways in Which Lower Courts and the Supreme Court Will Need to Flesh Out Second Amendment Doctrine Neil H. Buchanan
Why Interdisciplinary Legal Scholarship Is Good for the Law, the Academy, and Society at Large Joanne Mariner
The Indefinite Detention of Citizens and Non-Citizens Under the NDAA Anita Ramasastry
Facebook’s “If I Die” App Should Remind Us That We Each Need a Digital Death Plan Michael C. Dorf
The Constitutional Politics of Recess Appointments John Dean
The Back Story of the Unsealing of Nixon’s Grand Jury Testimony Marci A. Hamilton
In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the Supreme Court Embraces a Narrow Ministerial Exception to Federal Anti-Discrimination Laws Sherry F. Colb
Why Can’t Jurors Distinguish “Knowing” From “Reckless” Misconduct? Joanna L. Grossman
The Complications of Surrogacy: A New Jersey Court Refuses to Uphold a Surrogacy Arrangement, but Awards Full Custody to the Intended Father Julie Hilden
Is It a First Amendment Violation When A Prison Limits Inmates’ Ability to Solicit Pen-Pals? An Eleventh Circuit Decision Wrongly Says No Vikram David Amar and Alan E. Brownstein
What Will the Right to Keep and Bear Arms Mean in the Coming Years? Part One in a Two-Part Series on the Ways in Which Lower Courts and the Supreme Court Will Need to Flesh Out Second Amendment Doctrine Neil H. Buchanan
College Football Needs to Change, but Player Salaries Are Not the Answer: A Critique of the Misguided Calls to Give Up on the Student-Athlete Ideal John Dean
Cyberbullying on Twitter, Part Two: Essential First Steps to Take When Dealing With a Bully Anita Ramasastry
Will Insurers Begin to Use Social Media Postings to Calculate Premiums? A Look at Some Startling Trends and the Possible Consequences for Consumers Joanne Mariner
The NDAA Explained: Part Two in a Two-Part Series of Columns on the National Defense Authorization Act Sherry F. Colb
A New York Woman Is Arrested for Self-Induced Abortion: What Does This Tell Us About Abortion Law? Marci A. Hamilton
2011’s Lessons on How We Can Better Protect Children From Sexual Abuse Michael C. Dorf
Newt Gingrich Is Right That Judicial Supremacy Has Been Challenged Before, but Wrong to Try to Turn Back the Clock Julie Hilden
Should Bloggers Be Deemed Journalists, With the Power to Trigger the Supreme Court’s Favorable Rules Regarding Damages, Invoke Retraction Statutes, and Protect Confidential Sources? A Federal District Judge Offers Some Answers Julie Hilden
The Case of the Alleged Twitter Stalker: A Federal Judge Dismisses An Indictment on First Amendment Grounds Vikram David Amar
The “Americans Elect” Movement to Reform Presidential Elections: How Will It Work? And, Is It a Wise Idea? Neil H. Buchanan
Austerity Really Is Austere: The Argument That We Can Shrink Our Way to Prosperity Was Always Weak, and It Gets Weaker Every Day Joanne Mariner
The NDAA Explained: Part One in a Two-Part Series of Columns on the National Defense Authorization Act Anita Ramasastry
Social Networking and Airline Travel: What the Legal Consequences of an Airline’s “Meet and Seat” Program Might Be Michael C. Dorf
The Hidden “Unitary Executive” Issue in the Arizona Immigration Case John Dean
Cyberbullying on Twitter, Part One: The Anonymous Cowards Marci A. Hamilton
The Sandusky Case: Secrecy and Silence Are a Child Predator’s Best Friends, but Other Events the Same Day Show That Soon Our Justice System Will Reveal the Truth Sherry F. Colb
Why Girls Under Seventeen Need a Prescription to Buy the Morning After Pill Joanna L. Grossman
Everything I Need to Know About Family Law I Learned from Teen Mom: Part Two in a Two-Part Series Joanna L. Grossman
Everything I Need to Know About Family Law I Learned From Teen Mom: Part One in a Two-Part Series of Columns Joanne Mariner
Human Rights Scholars and Human Rights Professionals: Time to Talk? Neil H. Buchanan
Whatever Happened to Making an Honest Buck? Wall Street Attacks Elizabeth Warren Because She Believes in Capitalism More Than They Do Joanne Mariner
An Endless War on Terror Anita Ramasastry
A Patient Sues His Dentist Over a Contractual Ban on His Posting Negative Online Reviews of Her Work: Why His Class Action Appears to Have Merit Michael C. Dorf and Neil S. Siegel
A Health Care Law That Everyone in Congress Can Agree Upon John Dean
The Republican Dream for the 2012 Presidential Election: Control of the U.S. Supreme Court Marci A. Hamilton
A Tale of Two States and Three Survivors: The Legal Obstacles Relating to Syracuse University’s Sex Abuse Scandal Sherry F. Colb
The U.S. Supreme Court Takes Up The Eighth Amendment and Juvenile Killers: Is Life Without Parole Too Severe? Julie Hilden
An Illinois Court Weighs in on the Protection of Anonymous Internet Message Board Speech Vikram David Amar and Alan E. Brownstein
The California Supreme Court Rules that Prop. 8’s Proponents Have Standing to Defend the Initiative: What Does That Mean in the Ninth Circuit and U.S. Supreme Court? Julie Hilden
Why the U.S. Court of Appeals for the Third Circuit Declined to Change Its Mind About “Nipplegate,” Despite a Recent Opportunity From the U.S. Supreme Court to Do So Anita Ramasastry
Dealing with E-personation: A Recent New Jersey Case Shows Why New Laws Aren’t Really Needed to Address Fake Facebook Profiles and the Like Michael C. Dorf
Scholars’ Amicus Brief Controversy Reflects the Evolving Relationship Between the Bench and the Legal Academy Joanna L. Grossman
Can Laypersons Ordained Online as Universal Life Church Ministers, or the Like, Officiate at Weddings? In Some States, the Answer Is No John Dean
An Unfortunate Potential Situation for the Occupy Wall Street Movement Marci A. Hamilton
The Universal Need for the Mandatory Reporting of Child Sexual Abuse Sherry F. Colb
Cavazos v. Smith: The Supreme Court Preserves the Chain of Command by Returning a Grandmother to Prison Joanna L. Grossman and Deborah L. Brake
The Penn State Scandal: Why Is No One Talking about Title IX? Part Two in a Two-Part Series of Columns Rodger Citron
A Review of Snigda Prakash’s All the Justice Money Can Buy, a Book on the Vioxx Tort Litigation Joanna L. Grossman and Deborah L. Brake
The Penn State Scandal: Why Is No One Talking About Title IX? Part One in a Two-Part Series of Columns Carl Tobias
The Urgent Need to Fill The Current D.C. Circuit Vacancies Vikram David Amar
The Supreme Court’s First Ruling of the New Term, Cavazos v. Smith: Supreme Court Annoyance, The Ninth Circuit, and Summary Reversals Marci A. Hamilton
The Penn State Scandal: Contrasting the School’s Approach With the Catholic Church’s Approach to Its Own Child Sex Abuse Scandal Neil H. Buchanan
When Is a Tax Not a Tax? Exposing the False Claim That Social Security Taxes Are Not Really Taxes Michael C. Dorf
Justice Thomas Takes Aim at the Court’s Church-State Jurisprudence but Hits the Constitution Instead Anita Ramasastry
Stopping Bribery in International Sports: Why FIFA’s Proposed Good Governance Framework Is a Good Beginning, But Just a Beginning Joanna L. Grossman
The Reasons Why Herman Cain Has Not Been Able to Talk His Way Out of His Exploding Sexual Harassment Scandal John Dean
Thoughts on the Politics of the Sexual Harassment Charges Against Herman Cain Marci A. Hamilton
Last Week’s Congressional Hearing on Religious Liberty: A Disturbing Presentation by a Catholic Bishop Raises Questions About the Separation of Church and State Sherry F. Colb
What Purpose Does the Double Jeopardy Clause Serve?: The U.S. Supreme Court Grants Review in Blueford v. Arkansas Joanna L. Grossman
Can Universal Life Church Ministers Officiate at Weddings? In Some States, the Answer Is No Part One in a Two-Part Series of Columns Julie Hilden
Kara Kowalski Seeks U.S. Supreme Court Review in Her First Amendment Student Speech Case, But Should the High Court Take the Case? Vikram David Amar
An Update on the Fisher v. University of Texas Affirmative Action Case, and the Procedural Issue That Might, But That Need Not, Complicate Things For the Supreme Court Neil H. Buchanan
All That Glisters Is Not Good Policy: In Defense of the Federal Reserve, Especially if the Alternative is the Gold Standard Joanne Mariner
After Qaddafi Anita Ramasastry
Can Consumers Use Apps to Change the Terms of Online Contracts? A New End User License Agreement Opt-Out Website Offers a Clever, Valid Tool Michael C. Dorf
The “Obama Doctrine”: The Wisdom and Lawfulness of the President’s Take-No-Prisoners Approach John Dean
Gaming American Democracy: Recent, Unprecedented Republican Obstructionism and Abuse of the Senate’s Rules Joanna L. Grossman
The Potential Consequences of Adult Adoption for Inheritance: A Recent Virginia Supreme Court Ruling Sherry F. Colb
Barbara Sheehan and The “Battered Woman’s Defense”: Must Domestic Violence Be Imminent to Justify Self-Defense? Marci A. Hamilton
Assessing Mitt Romney as a 2012 Presidential Candidate: Part Four in an Ongoing Series on the Likely Candidates and Their Views on Religion Julie Hilden
Can a City Broadly Ban People From Soliciting Work, Business, or Contributions on Its Streets and Highways? A Ninth Circuit En Banc Majority Says No Neil H. Buchanan
The New Protests Against Wall Street: Why They Should Be Taken Seriously, and What Could Come Next if They Are Not Vikram David Amar
An Upcoming Case About Israel, Jerusalem, and Presidential Power Offers the Supreme Court the Chance to Clarify the Rules About “Political Questions” Michael C. Dorf
Can Patients and Providers Sue to Enforce the Federal Medicaid Law? Anita Ramasastry
To Honor First Amendment Rights, Cleveland and Other Cities Should Focus on Flash Mob Violence, Not Instant Messaging John Dean
Gaming American Democracy: A Perfect Storm in Which Republicans Disenfranchise Voters While Giving Corporations Unchecked Powers Marci A. Hamilton
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC: The Supreme Court Oral Argument, and What It Revealed Sherry F. Colb
Mississippi Initiative 26: The Significance of Saying That a “Person” Exists From Conception to Death Joanna L. Grossman and Lawrence M. Friedman
Towels Under Tailbones? Naked San Franciscans Protest Proposed Restrictions on Public Nudity Julie Hilden
Should the Law Treat Defamatory Tweets the Same Way It Treats Printed Defamation? Vikram David Amar
Why Pennsylvania and Nebraska Proposals to Alter Those States’ Electoral College Allocations Are UnAmerican, If Perhaps Not Unconstitutional Neil H. Buchanan
Blaming the Victims of Our Advice: Why Europe’s Woes Show That the Regressive Policies It Imported From the United States Are Wrong, and That Progressive Policies Are Right Joanne Mariner
Military Commissions Resurgent Anita Ramasastry
Should Jurors Take a “No Internet” Pledge? The Merits of One Judge’s Simple Proposal Michael C. Dorf
How Much Is Truly at Stake in the Legal Battle Over Obamacare? John Dean
Gaming American Democracy: How New Republican Techniques Seek to Change the Political System Itself Marci A. Hamilton
Assessing Michele Bachmann as a 2012 Presidential Candidate: Part Three in an Ongoing Series on the Likely Candidates and Their Views on Religion Sherry F. Colb
One Way or Another, I’m Gonna Find Ya: The U.S. Supreme Court Considers Whether GPS Tracking of Suspects’ Cars Requires a Search Warrant Joanna L. Grossman
A Growing Debate Over the Rights of Posthumously Conceived Children: Part Two in a Two-Part Series of Columns Julie Hilden
Regulating Adult Businesses Based on Their Secondary Effects on the Community: An Ohio Case Raises First Amendment Concerns Vikram David Amar and Alan E. Brownstein
Is Rick Perry Right That the Seventeenth Amendment Was a Mistake? Neil H. Buchanan
Why Are So Many People Willing to Imagine That Tax Cuts for the Rich Will Help the Economy? Michael C. Dorf
Should Congress Save the Post Office? Anita Ramasastry
Can Teachers and Their Students Be Banned from Becoming Facebook Friends? The Missouri Legislature Says Yes, But a Missouri Court Suggests the Answer Is No Joanne Mariner
A Decade of 9/11 John Dean
Reflections on the 9/11 Attacks’ Lasting Impact on America, and American Law Marci A. Hamilton
The Tenth Anniversaries of 9/11 and of the Revelations of Catholic Bishops’ Cover-up of Child Sex Abuse: Two Developments That Profoundly Changed America Sherry F. Colb
The U.S. Supreme Court Considers the Constitutionality of Unreliable Eyewitness Identifications: Does a Lack of Police Misconduct Rule Out a Due Process Claim? Joanna L. Grossman
A Growing Debate Over the Rights of Posthumously Conceived Children: Part One in a Two-Part Series of Columns Vikram David Amar
An Affirmative Action Case That May Illustrate Justice Kennedy’s Power on the Supreme Court and Reshape the Law of Race-Based Admissions Programs Neil H. Buchanan
Voluntary Taxes? Why the Attacks on Warren Buffett Betray a Fundamental Misunderstanding of Government’s Role in Society Joanne Mariner
When Qaddafi Was Our Friend Anita Ramasastry
Will It Be Business as Usual For Oil Companies Operating in Libya? Why the Answer Is Not an Unequivocal Yes Michael C. Dorf
The Fight Over Alabama’s Immigration Law Features Increasingly Estranged Allies: Conservative Populists Versus Big Business John Dean
A Closer Look At The Defamation Lawsuits Against Eliot Spitzer: Why They Seem Quite Weak Marci A. Hamilton
Assessing Former U.S. Senator Rick Santorum as a 2012 Presidential Candidate: Part Two in an Ongoing Series on the Likely Candidates and Their Views on Religion Sherry F. Colb
The Supreme Court Agrees to Review the Constitutionality of Strip Searching All Arrestees Who Enter a Jail David S. Kemp
Why the Seventh Circuit Allowed U.S. Citizens to Sue Former Secretary of Defense Rumsfeld for Torture Joanna L. Grossman
Do Lesbian Co-Parents Have Rights? A Recent Ohio Ruling Offers an Unusual Answer Julie Hilden
An Indiana Federal District Judge Holds That Teens Have a First Amendment Right Not to Be Punished by Their School for Posting Saucy Photos Online Vikram David Amar
Assessing the Reasoning of the Eleventh Circuit Opinion Striking Down Obamacare Joanne Mariner
David Hicks’s Guantanamo Memoir Julie Hilden
Can Public School Students Constitutionally Be Punished for Their Off-Campus Comments on Social-Networking Sites or Blogs? Anita Ramasastry
An End to La Dolce Vita for Italian MPs? How a Menu, Social Networking, and Budget Woes May Lead to Much-Needed Reforms Michael C. Dorf
What Obama Should Say to the Nation John Dean
Why News Corp.’s Board of Directors Is Clearly Still Under Rupert Murdoch’s Control Marci A. Hamilton
Assessing Texas Governor Rick Perry as a 2012 Presidential Candidate: Part One in an Ongoing Series on the Likely Candidates and Their Views on Religion Sherry F. Colb
Armed and Crazy: Should Mentally Ill People Be Permitted to Own Firearms? Joanna L. Grossman
“Respect” or “Defend” Marriage? The Senate Considers a Bill to Repeal the Defense of Marriage Act of 1996 (DOMA): Part Two in a Two-Part Series of Columns Neil H. Buchanan
Preventing the Next Crisis: What We Must Do to Maintain the Public’s Confidence in the Financial System Vikram David Amar
The National Popular Vote Bill Proposal in California, and Ultimately (Perhaps) in Washington D.C. Neil H. Buchanan
The Roots of the Debt-Limit Crisis: Fear Is a Great Motivator, but Scared People Often Act Rashly and Foolishly Joanne Mariner
Starvation in Somalia Anita Ramasastry
Sovereign Default: Putting the United States’ Debt-Ceiling Debate in Context Why Self Help Is the Only Option Michael C. Dorf
The Debt Ceiling Crisis Reveals a Constitutional Gap: How to Choose Among Unconstitutional Options John Dean
The Tea Party: Same Old Authoritarian Conservatives With a New Label Marci A. Hamilton
All Roads Lead to Accountability Sherry F. Colb
Why Suppress Illegally Obtained Evidence? The U.S. Supreme Court Decides Davis v. United States Joanna L. Grossman
“Respect” or “Defend” Marriage? The Senate Considers a Bill to Repeal the Defense of Marriage Act of 1996 (DOMA): Part One in a Two-Part Series of Columns Julie Hilden
When Do Message-Board Rants Count as Illegal Threats Against a Presidential Candidate? The Issue That Caused a Ninth Circuit Panel to Split, 2-1 Vikram David Amar
The Sixth Circuit’s Big Rulings on Obamacare and Affirmative Action: The Second in a Two-Part Series of Columns Joanne Mariner
Humanitarianism As Terrorism Julie Hilden
The Strauss-Kahn Accuser’s Defamation Suit Against the New York Post: As a Matter of Strategy, Should It Have Been Filed Now, Later, or Never? Marci A. Hamilton
Sister Wives: An Illustration of Why Polygamy Is, and Should Be, Illegal Anita Ramasastry
Did News of the World Hack Phones Located in America? What the Legal Consequences May Be, If It Also Happened Here Michael C. Dorf
The Constitutionality of Senator McConnell’s “Last-Choice Option” for Averting Default Joanna L. Grossman
The Reality Show Sister Wives: Will Its Stars Prevail in Their Civil Rights Lawsuit? John Dean
Rupert Murdoch’s Watergate: The Troubling Parallels Marci A. Hamilton
Caylee’s Law and What We Really Need to Do Now to Better Protect Children: Three Proposed Legal Reforms Sherry F. Colb
Bryant v. Michigan and the Supreme Court’s Failed Approach to the Confrontation Clause Joanna L. Grossman
The Last Word: The Supreme Court Rules That Anna Nicole Smith Is Entitled to Nothing From Her Late Husband’s Estate Neil H. Buchanan
The Debt Ceiling Law Is Unconstitutional: A Reply to Professor Tribe Vikram David Amar
The Sixth Circuit’s Big Rulings on Obamacare and Affirmative Action: The First in a Two-Part Series of Columns Neil H. Buchanan
The Debt-Limit Crisis: A Problem That Will Keep Coming Back Unless President Obama Takes a Constitutional Stand Now Anita Ramasastry
Recent Lawsuits Allege Illegal Downloading of X-Rated Films and Sexploitation “B” Movies: Will Their Claims Against Large Groups of Individual Consumers Succeed? Michael C. Dorf
Who Could Oppose a Level Playing Field? The Supreme Court, That’s Who John Dean
Rod Blagojevich’s Second Trial – and Conviction: Why He Lost This Time Marci A. Hamilton
Hawaii’s Battle Over Its Statutes of Limitations for Child Sex Abuse: Why the Legislature Was Right to Unanimously Vote for Reform, and Why the Governor Should Not Fulfill His Veto Threat Sherry F. Colb
A Disingenuous Dissent: The U.S. Supreme Court Says a Suspect’s Youth Is Relevant to Miranda Rights Julie Hilden
The Supreme Court’s Ruling on “Violent” Video Games: The Majority Opinion, and the Dissents Joanna L. Grossman
Same-Sex Marriage is Legal in New York: The In-State and National Ramifications 
