Why government outsourcing of public powers is making us less free Many governmental
functions today—from the management of prisons and welfare offices to warfare and …

In US law, a contract is described as a legally enforceable promise. So to make a contract,
one must make a promise. The legal norms regulating these promises diverge in substance …

This Article is about intellectual privacy-the protection of records of our intellectual activities-
and how legal protection of these records is essential to the First Amendment values of free …

To understand one another as individuals and to fulfill the moral duties that require such
understanding, we must communicate with each other. We must also maintain protected …

State abortion laws have received an enormous amount of attention in the national
discourse and legal scholarship. But less known is a federal policy that dramatically limits …

At the moment that" incentives" for creation meet" preferences" for the same, the economic
account of copyright loses its explanatory power. This piece explores the ways in which the …

Over the past six decades, the term'judicial activism" has become an immensely popular tool
for criticizing judges' behavior. Despite the term's prominence, however, its meaning is …

UCLA. For enlightening criticism and commentary, I am grateful to Mark Greenberg, Jeffrey
Helmreich, Barbara Herman, Heidi Kitrosser, Terry Stedman, participants in the Columbia …

There seems to be a broad consensus that Title II of the Civil Rights Act of 1964, which
prohibits race discrimination in" place [s] of public accommodation," I was a remarkable …

T HE idea that religious institutions should play a central role in un-derstanding the First
Amendment has become increasingly prominent in recent years. Litigation over the …