Data Federalism
Vol. 135 No. 4
Private markets for individual data have received significant and sustained attention in recent years. But data markets are not for the private sector alone....
Articles
Originalism: Standard and Procedure
Vol. 135 No. 3
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find....
Constitutional Off-Loading at the City Limits
Vol. 135 No. 3
The most constitutionally divisive issues in the United States today often play out literally on the ground, in the realm of land use. For...
The Incoherence of Prison Law
Vol. 135 No. 2
In recent years, legal scholars have advanced powerful critiques of mass incarceration. Academics have indicted America’s prison system for entrenching racism and exacerbating economic...
Structural Deregulation
Vol. 135 No. 2
Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of...
Policing the Emergency Room
Vol. 134 No. 8
The problems of policing extend beyond the street and into areas of our lives that are often hidden from view. This Article focuses on...
Privacy as Privilege: The Stored Communications Act and Internet Evidence
Vol. 134 No. 8
This Article exposes a profound and growing injustice that major technology companies have propagated through every level of the judiciary under the guise of...
Monopolizing Whiteness
Vol. 134 No. 7
In racially diverse metropolitan areas throughout the country, school district boundary lines create impermeable borders, separating affluent and predominantly white school districts from low-income,...
The Non–First Amendment Law of Freedom of Speech
Vol. 134 No. 7
The First Amendment dominates debate about freedom of speech in the United States. Yet it is not the only legal instrument that protects expressive...
Privatization’s Preemptive Effects
Vol. 134 No. 6
Many states offer their citizens protections, benefits, and services that go well beyond those of federal law, ranging from consumer protection to education, environmental...