This Essay considers the lessons social science research brings to the constitutional inquiry in Fisher II, and to Justice Kennedy’s decisive vote in particular. The author summarizes empirical findings demonstrating the harm that further...
Decarbonizing the electric power sector will be central to any serious effort to fight climate change. Many observers have suggested that the congressional failure to enact a uniform system of electricity regulation could stifle the transition to a...
Constitutional theorists in the United States once believed courts could protect politically disfavored minorities from the excesses of democracy. Eventually, many lost faith in constitutional reform through litigation, as they saw courts fail to...
This Article argues that the emergence of algorithmic trading raises a significant challenge for the law and policy of insider trading. It shows that securities markets are dominated by a cohort of “structural insiders,” namely a set of traders able...
The unprecedented U.S. system of mass incarceration and the intensifying merging of criminal and immigration law have devastated individuals, families, and entire communities, especially poor communities of color. Noncitizens who come into contact...
The U.S. Supreme Court’s jurisprudence on Parker state-action immunity from federal antitrust laws has remained largely muddled since its inception. The Court recently attempted to bring clarity to the doctrine in North Carolina Board of Dental...