This Feature argues that constitutionally unenumerated yet nonetheless fundamental rights require judicial protection, but ...

Freight railroading today is profitable but fails workers, consumers, and communities in serious ways. This Note argues that both the railroad industry’s financial success and its operational ...

Militaries are increasingly targeting “dual-use objects”—objects that serve both civilian and military purposes. Drawing on an original dataset of the U.S. military’s airstrike reports and ground ...

Freight railroading today is profitable but fails workers, consumers, and communities in serious ways. This Note argues that both the railroad industry’s financial success and its operational ...

Militaries are increasingly targeting “dual-use objects”—objects that serve both civilian and military purposes. Drawing on an original dataset of the U.S. military’s airstrike reports and ground ...

This Note uncovers the history of how the Brigham Young University Police Department blurred the boundaries between criminal law and church doctrine. These practices included sting operations that ...

112 Yale L.J. 369 (2002)For decades our common understanding of the organization of economic production has been that individuals order their productive activities in one of two ways: either as ...

The Two Western Cultures of Privacy: Dignity Versus Liberty. James Q. Whitman. Privacy • Comparative Law ...

This Feature summarizes why and how vertical merger enforcement should be invigorated: in markets where economies of scale and network effects lead to barriers to entry and durable market power. In ...

From the early twentieth century to the present, the concept of transparency in American law has drifted across the political spectrum. Originally linked with progressive causes, it is now associated ...

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court announced a novel historical-analogical approach to constitutional decisionmaking. The Court sought to constrain judicial discretion, ...

Several current Supreme Court Justices have signaled a renewed interest in resurrecting the nondelegation doctrine, but numerous scholars have portrayed the doctrine as ahistorical and unoriginalist.