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
Tag: law
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
On “Chefs,” Wedding Cakes, and Corporate Personhood
November 13, 2018
Kent Greenfield— I was driving the other day with my kids in the car. Henry, like most five-year-olds, is full of questions. “Where do people come from?” “If you could… READ MORE
What Can Non-Lawyers Learn from the Law?
July 24, 2018
John B. Nann— The law is society. It is a reflection of the community, it is the rules that govern the community, and it is one of the main tools… READ MORE
Ep. 54 – Antonin Scalia
April 19, 2018
A hero to the right, a foe to the left, Antonin Scalia was one of the most influential Supreme Court justices to ever serve. Richard Hasen discusses Scalia’s legacy. YaleUniversity… READ MORE
The Federalist Papers: On Impeachment
August 2, 2017
Sanford Levinson— Federalist 65: The Senate’s Confirmation and Impeachment Powers One of the most important distinction between the Senate and House, with regard to their constitutionally granted powers, concerns the… READ MORE
The Women Who Pioneered Media Privacy Laws
December 12, 2016
Jessica Lake— What would you do if you came across a video featuring your naked body on Facebook? On March 7th this year, Fox Sports reporter Erin Andrews won a claim… READ MORE
The Legality of Transgender Bathrooms
June 15, 2016
Kimberly A. Yuracko— Recently, and quite suddenly, bathroom access for transgender individuals has become the newest civil rights battleground. The Department of Justice (DOJ), The Department of Education (DOE) and… READ MORE
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