This Essay posits that the fear of retaliation significantly contributes to the problem of harassment—we cannot hope to end harassment without starting by addressing the reality of retaliation.

Specifically, the Essay imagines such an amendment having two sections. The first section would permit members of Congress to temporarily transfer the duties of their office to an interim appointee in ...

The Supreme Court’s decision on the constitutionality of the Affordable Care Act (ACA) will likely be handed down on the last day of this year’s term. If the Court finds that the ACA—either in whole ...

Introduction In little more than a decade, the United States has gone from a nation with diminishing supplies of natural gas to one that is a net exporter. This new abundance is due to technological ...

Part I of this Essay provides a brief introduction to Batson claims and the extraordinary case of Curtis Flowers. Part II then briefly surveys some major flaws in Justice Thomas’s dissent. These ...

by Eric E. Johnson & Theodore C. Bailey onDecember 1, 2020 This Essay offers a look back on the initial phase of the COVID-19 catastrophe—a crisis that, at the time of this writing, is still expanding ...

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

Introduction Does immigration detention deter unauthorized migration? This is a pressing question with critical policy implications given that the U.S. government has detained tens of thousands of ...

Introduction In Burwell v. Hobby Lobby Stores, Inc., the Supreme Court extended the protections of the Religious Freedom Restoration Act (RFRA) to Hobby Lobby, Mardel, and Conestoga Wood Specialties, ...

Introduction Two years into the Trump presidency, white nationalism may be driving the Administration’s immigration policy. We view white nationalism as “the belief that national identity should be ...

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, ...

The course of a pandemic is as much a function of social structures as protein structures. Law is among the most important of these social structures, and it is among those most capable of the kind of ...