Big data is transforming individual privacy—and not in equal ways for all. We are increasingly dependent upon technologies, which in turn need our personal information in order to function. This ...

Introduction In The Fourth Amendment and the Global Internet, Orin Kerr highlights several important Fourth Amendment questions that few courts have addressed. But in “offer[ing] a general framework ...

In her powerful dissent, Justice Ginsburg proclaimed an “overriding interest” in “keeping the courts ‘out of the business of evaluating’ . . . the sincerity with which an asserted religious belief is ...

The landscape of American history is littered with facially racist, misogynistic, homophobic, xenophobic, and other demeaning, marginalizing, and subordinating laws. Many more facially neutral laws ...

Volume 75 August 2022 Essay Rethinking Strategy After Dobbs David S. Cohen, Greer Donley & Rachel Rebouché * ...

This Essay argues that legal challenges to Trump’s restrictive immigration policies should call out white nationalism as the underlying harm, both through raising equal protection claims and in ...

But a word might be invoked more frequently in one sense than another for reasons that have little to do with the common understanding of that word. More specifically, the frequency with which a word ...

Immigration detention in the U.S. is civil confinement for which the officially stated purpose is to facilitate the removal of individuals who do not have permission to remain in the country. With ...

Aditya Bamzai and Peter Shane trace the enduring debate of the President’s removal power. Together they provide a comprehensive yet succinct history ...

Introduction Amalia D. Kessler’s Inventing American Exceptionalism is a tour de force of historical imagination, analysis, and synthesis. 1 Amalia D. Kessler, Inventing American Exceptionalism: The ...

To make matters worse, when a woman does report harassment in the workplace and experiences retaliation, her claim often fails. Section 704(a) of Title VII states: A. Changes to Anti-Retaliation Law ...

A striking feature of proceedings at the Foreign Intelligence Surveillance Court (FISC) is that the executive always wins. Between 1979 and 2012—the ...