Probabilistic Reasoning in Navarette v. California

Abstract Prohibitions on gender-affirming care for minors in the United States came to a head in the last few months, with the issuance of an Executive Order by the Trump Administration that threatens to penalize institutions that provide such care...

Abstract The Fifth Amendment equal protection doctrine has never been effective at curtailing racialized harm in immigration law. While not expressly drafted to address racially differential impact, the administrative law doctrine known as arbitrary...

Abstract To every court to consider its merits, Donald Trump’s order purporting to end birthright citizenship for children born to undocumented parents violates the Fourteenth Amendment. But in Trump v. CASA, the U.S. Supreme Court vacated a...

Abstract The Reconstruction Era has garnered renewed attention from legal historians and scholars of the critical race tradition. Yet Reconstruction’s central institutional actor, the Freedmen’s Bureau—a federal agency created to aid emancipated...