The Supreme Court has reversed many cases. But never has the Court reversed a right that
the Court itself had justified as important to a group's equal participation" in the economic …

With the merger of law and equity almost complete, the idea of equity as a special part of our
legal system or a mode of decisionmaking has fallen out of view. This Article argues that …

Debates about originalism are at a standstill, and it is time to move forward. The current
debates are generally either conceptual or normative: The conceptual debates focus" on the …

Many have argued that the United States' two major political parties have experienced
“asymmetric polarization” in recent decades: The Republican Party has moved significantly …

Originalism is often promoted as a better way of getting constitutional answers. That claim
leads to disappointment when the answers prove hard to find. To borrow a distinction from …

Progressive confidence in constitutional adjudication peaked during the Warren Court and
its immediate aftermath. Courts were celebrated as" fora of principle,"'privileged sites for the …

Originalism is usually called a theory of interpretation, a particular way to read a text. Best
understood, though, originalism is much more than that. It's a theory of our law: a particular …

But once again, I heard an earnest midwestern voice at the end of the line, speaking self-
importantly in the name of the Special Assistant to the Assistant to the Deputy Assistant …

Constitutional law in the United States and around the world now operates within an
increasingly transnational legal environment of international treaties, customary …

This Article locates the productive function of litigation loss in social movements. Departing
from previous sociolegal scholarship, which largely centers on the positive possibilities of …