In the first 100 days of his second term, President Donald Trump made a bid for stronger presidential control over federal spending. One key feature of this “appropriations presidentialism,” as two ...

In the United States, there are two types of borders. The first type is the one politicians talk and debate about: tall fences surrounded by barbed wire jutting out of the dirt. The second type is ...

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 ...

Introduction As the #MeToo movement has gained momentum, industry and company leaders have been placed in the hot seat regarding how they are addressing (or not) the incidents of sex harassment in ...

For Law Professors Rachel Arnow-Richman, Ian Ayres, Susan Bisom-Rapp, Tristin Green, Rebecca Lee, Ann McGinley, Angela Onwuachi-Willig, Nicole Porter, Vicki Schultz, and Brian Soucek Introduction We, ...

Ghappour’s article is provocative and interesting, but we are not convinced that a genuine problem exists. This response challenges Ghappour’s framework in three ways. First, it questions whether ...

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 ...

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A story to start: I applied for a federal court of appeals clerkship after my graduation from Yale Law School in 1971. I was a feminist and a women’s rights activist; I was a participant in one of the ...

The Supreme Court recently surprised many observers by upholding disparate impact claims under the Fair Housing Act (FHA) in a case called Inclusive Communities Project. 1Open this footnote Close this ...

A study of the rise and triumph of an “adversarial legal culture” in nineteenth-century America, Inventing American Exceptionalism illuminates the extent to which ideas and assumptions that seem ...

This episode and others are suggestive of the increasing strain on prosecutors charged with implementing Administration directives that may improperly target opponents or reward supporters. While ...