The Dangers of Cheap Speech
November 21, 2023
Richard L. Hasen— In a remarkably prescient article in a 1995 Yale Law Journal symposium titled “Emerging Media Technology and the First Amendment,” a UCLA law professor, Eugene Volokh, looked… READ MORE
Tag: law
The Dangerous Fallacy of Originalism
June 22, 2023
Erwin Chemerinsky— One more example—a particularly powerful one of originalists abandoning originalism when it does not serve their ideological goals—is affirmative action. The originalists who have been on the Court,… READ MORE
From Outlaws to In-Laws
June 15, 2023
In Marriage Equality: From Outlaws to In-Laws, William N. Eskridge and Christopher R. Riano explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and… READ MORE
History is Littered with False Narratives
June 9, 2023
Stephen Roach— HISTORY IS LITTERED WITH FALSE NARRATIVES. From the flat earth theory and the Ptolemaic system of cosmology to tales of UFO sightings and the “Big Lie” of election… READ MORE
China’s Law of the Sea
April 17, 2023
Isaac B. Kardon— China’s Law of the Sea tells the story of the international order now emerging in the littorals of East Asia. The book is about the People’s Republic… READ MORE
The History of a National Obsession: A Conversation with Mary Ziegler
March 7, 2023
Mary Ziegler, author of Roe: The History of A National Obsession, talks with us about her inspiration for the book, legal education surrounding Roe v. Wade, and the international response… READ MORE
Origins of Order
July 9, 2021
Paul W. Kahn— Project and system views of law are in deep tension, but this is not a tension that needs to be resolved at an abstract level. We live… READ MORE
Bostock and Originalism
July 15, 2020
Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title… READ MORE
The End of Conservatism
November 29, 2019
Paul W. Kahn— Project and system are two competing narrative forms that organize the way we imagine the nature of legal order. A project gains its principle of order from… READ MORE
The “Seriatim Practice” of the Supreme Court
March 6, 2019
Paul W. Kahn— We can imagine a state in which courts issued judgments without explanation. The need to settle disputes requires some form of adjudicatory mechanism; it does not… READ MORE
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