Diagnosing the problem of cognitive bias in statutory interpretation
The tension between policy and social science in behavioral law and economics
Developments in the Law
If pro-gay speech is constitutionally protected, must we also allow students' anti-gay messages?
Exploring the challenges faced by transgender youth in schools
How should prisons house transgender inmates in their unique and often dangerous environment?
Are laws broadly criminalizing HIV exposure unconstitutional after Romer, Lawrence, and Windsor?
LGBT advocates can learn some important lessons from the 2010 repeal of "Don't Ask, Don't Tell"
Second Circuit Affirms that Dissemination of Scientific Publications Cannot Be False Advertising Under the Lanham Act.
Ninth Circuit Finds Garcetti Official Duty Rule Inapplicable to Professorial Speech in Public-University Context.
Tennessee Supreme Court Upholds Voter Identification Law as Permissible Burden on State Right to Vote.
Second Circuit Holds Penile Plethysmography Condition Acceptable Only if Defendant-Specific and Narrowly Tailored to Compelling Government Interest.
Special Court for Sierra Leone Rejects “Specific Direction” Requirement for Aiding and Abetting Violations of International Law.
Ninth Circuit Holds that Intercepting Unencrypted Wi-Fi Broadcasts Violates the Wiretap Act.
Recent Administrative Policy
Social Security Administration Eliminates Surgical Requirement for Changing Trans Individuals’ Gender Markers.
Recent Administration White Paper
White Paper Argues Metadata Collection Is Legal Under the USA PATRIOT Act.
The textualism vs. purposivism debate is not irrelevant to the linguistic difficulties Anderson identifies
Choice-preserving regulation recognizes the uncertainty in behavioral models
The benefits of preserving choice
Should any reason for wanting a gun be good enough?
Ruling out ad hoc interest-balancing
Defending the right to sell and trade arms
A critique of strictly originalist Second Amendment jurisprudence
Activists ought not settle for the valiant but modest VRAA
The VRAA's proposed preclearance regime would still be vulnerable to attack