This article presents the first comprehensive treatment of the basic and officially “open” question whether Section 1 of the Thirteenth Amendment directly bans the badges and incidents of slavery. Members of the Thirty-Ninth Congress agreed that...
This comment identifies the ways in which female lawyers continue to face discrimination even after they make partner and highlights a serious gap in current antidiscrimination law that perpetuates discrimination against female partners: Courts have...
Prompted by the violent events at the August 2017 white supremacist protest in Charlottesville, Virginia, this article argues that state and local officials have significant latitude to enact and enforce laws that restrict the intimidating display...
In Wal-Mart Stores, Inc. v. Dukes, the U.S. Supreme Court made clear that class certification requires evidentiary proof of prerequisites required by Rule 23 of the Federal Rules of Civil Procedure. Yet the Court has not clarified whether the...
Unlike in other digital arenas in which American companies are global leaders, the United States lags in consumer financial technology. The article argues that this effect can largely be attributed to the institutional design of federal regulators...
The U.S. Supreme Court has based requirements of standing and party adverseness on the “case-or-controversy” language of Article III and the history of judicial practice in England, but neither text nor history can bear the weight of justification...