LATEST SCHOLARSHIP

Abolishing Racist Policing With the Thirteenth Amendment

This Essay is also forthcoming in our print edition. Abstract Policing in America has always been about controlling the Black body. Indeed, modern policing was birthed and nurtured by white supremacy; its roots are found in slavery. Policing today...

Racist Stereotype Threat in Civil Rights Law

Abstract Racist stereotype threat (RST) describes a concern experienced by many people in interactions which are racially fraught: It arises when a person anticipates being evaluated, or sees an ingroup member being evaluated, in light of a...

Antitrust as Allocator of Coordination Rights

Abstract The reigning antitrust paradigm has turned the notion of competition into a talisman, even as antitrust law in reality has functioned as a sorting mechanism to elevate one species of economic coordination and undermine others. Thus, the...

Abortion Regulation as Compelled Speech

This Article outlines a novel First Amendment compelled speech claim against a growing body of abortion restrictions, including fetal demise and burial laws, premised on a state interest in “expressing respect for potential life.” It weaves...