In the state constitutional conventions of the Reconstruction South, biracial coalitions of delegates constitutionalized universal public-school systems and kept their constitutions free from ...

Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article ...

Previous scholarship has analyzed a host of innovation institutions––including patents, prizes, and grants––but has overlooked government-conducted R&D. This Article offers the first comprehensive ...

In this series of Tributes to Justice David H. Souter, three of his law clerks—Judge Jesse M. Furman, President Heather K. Gerken, and Professor Jeannie Suk Gersen—reflect upon and honor their former ...

Younger v. Harris is canonical in the field of federal courts, but its origins remain largely unknown. Examining diverse sources, this Article reconstructs that story. In doing so, this Article ...

Antitrust analysis generally assumes that firms seek profit, but that assumption does not always hold. This Feature offers an antitrust framework for analyzing non-profit-maximizing conduct—like ...

abstract. In the past two years, the Supreme Court has invalidated two major executive-branch initiatives—the termination of the Deferred Action for Childhood Arrivals (DACA) policy and the addition ...

111 Yale L.J. 399 (2001)A veil of ignorance rule (more briefly a "veil rule") is a rule that suppresses self-interested behavior on the part of decisionmakers; it does so by subjecting the ...

author. District Judge, United States District Court for the Southern District of New York; Law Clerk for Justice David H. Souter, 2003-03. I had the distinct privilege of clerking for Associate ...

The criminal justice system is broken. Its policies and policing practices flood courtrooms in urban environments with too many cases to handle given available resources. Many are cases involving ...

In fact, Professor Amar and I are both “popular sovereigntists.” That is, we both take seriously the idea that the Constitution must be seen and read as a product of democratic self-lawgiving. This ...