In the state constitutional conventions of the Reconstruction South, biracial coalitions of delegates constitutionalized universal public-school systems ...

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie ...

Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold. This Feature offers an antitrust framework for ...

The Stored Communications Act poses an increasing threat to criminal defendants’ ability to access evidence. This Note analyzes pathways criminal defendants can pursue to access evidence within the ...

In the state constitutional conventions of the Reconstruction South, biracial coalitions of delegates constitutionalized universal public-school systems and kept their constitutions free from ...

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former ...

Antitrust theory portrays data privacy as a factor, like quality, that improves with competition. This Essay argues that view, though not inaccurate, is incomplete. It offers a new account of how data ...

Federal law currently provides for direct Supreme Court review of criminal convictions from almost all American jurisdictions, but not of most court-martial convictions. For them, an Article I court ...

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former ...

Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article ...

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 ...

Across the germinal period of American constitutional and penological history, a ubiquitous, cohesive body of law gave force to the following view: the judicial power includes supervisory authority ...