Dialectal Due Process
Vol. 136 No. 7
The principle of the arbitrariness of the sign is not doubted by anyone, but it is often easier to discover a truth than to...
Race and the Law
Pragmatic Family Law
Abstract Family law is a central battleground for a polarized America, with seemingly endless conflict over abortion, parental control of school curricula, gender-affirming health...
The Anti-Klan Act in the Twenty-First Century
Vol. 136 No. 4
Racial terrorism by organized hate groups and “lone wolf” vigilantes presents a growing societal danger. Increasingly, the planning and recruitment for such plots occur...
A Plea for Affirmative Action
Vol. 136 No. 3
Affirmative action in the form of race-conscious admissions is being legally challenged by a conservative activist organization . During the Supreme Court’s 2022 October...
Complicit Bias and the Supreme Court
Response to Race in the Roberts Court
Vol. 136 No. 2
The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough. Justice Oliver Wendell...
Discrimination Blocking: A New Compelling Interest for Affirmative Action
Vol. 136 No. 2
In 1951, a promising young student submitted his application to the School of Theology at Boston University. His application was compelling but contained a...
Racism, Abolition, and Historical Resemblance
Forum response to Professor Bridges' Foreword
Response to Race in the Roberts Court
Vol. 136 No. 1
A Label Covering a “Multitude of Sins”: The Harm of National Security Deference
Forum response to Professor Chesney's Comment
Response to No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
Vol. 136 No. 1
Race in the Roberts Court
Vol. 136 No. 1
When it comes to people of color, the Roberts Court treats “racism” as if it is an objective fact — out there in the world, apparent to anyone who stumbles upon it. The Roberts Court invites observers to believe that it is just using simple common sense when it identifies, or refuses to identify, something as racism.
Governing Through Gun Crime: How Chicago Funded Police After the 2020 BLM Protests
Vol. 135 No. 8
Gun violence is the number one issue plaguing the city in this moment. — Mayor Lori Lightfoot, July 15, 2021 There can be no...