What the Student Debt Litigation Portends
The quagmire created by litigation against President Biden’s student loan initiatives provides a preview, if anyone wanted one, of the potential effects of the...
Blog Essays
Machines Need Not Testify: Forensic Reports Under the Confrontation Clause
Since the Supreme Court’s revitalization of the Sixth Amendment’s Confrontation Clause in Crawford v. Washington, the legal world has waited for each installment of...
Courts Should Hold Social Media Accountable — But Not By Ignoring Federal Law
The recent Third Circuit case where the court withheld immunity for TikTok after a child died attempting a “Blackout Challenge” suggested on her “For...
Tech Companies’ Terms of Service Agreements Could Bring New Vitality to the Fourth Amendment
Innovation in digital technologies dramatically reduces the cost and inconvenience of record creation and collection and stokes law enforcement officials’ insatiable appetite for information...
Criminalizing Community, Policing Space: Conspiracy, Young Thug & the “Stop Cop City” Protestors
Conspiracy represents the immense sweep and racialized harms of the American criminal system in particularly stark form. Yet it remains widely used by prosecutors...
Enforceable Ethics for the Supreme Court
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new...
The Anti-Regulation Quartet and Internationally Informed Regulation
Two terms ago, the Supreme Court delivered the Major Questions Quartet. This term produced what commentators widely view as the Anti-Regulation Quartet. The Supreme...
Conundrums of Constraint: United States v. Rahimi and the Future of the Bruen Test
On June 21, the Supreme Court decided United States v. Rahimi, overturning the Fifth Circuit’s application of the newly minted test for evaluating the...
Measuring Broadband Policy Success
Although broadband internet access is a functional prerequisite for modern civic and economic life, significant inequities in broadband access remain. Commercial, government, and healthcare...
What Loper Bright Might Portend for Auer Deference
Last week, the Supreme Court overruled the 40-year-old Chevron doctrine in Loper Bright Enterprises v. Raimondo, declaring that courts can no longer defer to...