The recent Third Circuit case in which the court denied immunity to TikTok after a child died attempting a “Blackout Challenge” suggested on its “For You” page was wrongly decided. But TikTok and other companies should not be absolved of liability for the foreseeable harms of their platforms. Instead of interpreting existing law, courts should […]

The quagmire created by litigation against President Biden’s student loan initiatives offers a preview, if anyone wants one, of the potential effects of recent Supreme Court decisions weakening the power of executive agencies that enact and enforce regulations governing myriad aspects of business conduct—the “administrative state.” The picture is not pretty: time-consuming and duplicative court […]

In Massachusetts, on average, women who work full-time earn only 84.3% of what men earn. The gap is even larger for some women of color.” Massachusetts and the rest of the country suffer from a severe gender and racialized wage gap, largely due to occupational segregation. Earlier this year, the Massachusetts Legislature attempted to address […]

How far back can we go to trace the genealogy of the current international human rights system? And does it matter which position we take on such an arcane academic question? Historians, international lawyers, and human rights activists have recently suggested that there is indeed much at stake. But there the consensus ends, and the […]

International migration is a defining problem of our time, and at the heart of this problem are the ethical intuitions that dominate thinking about migration and its governance. This article questions existing approaches to a particularly contentious form of international migration, as an important first step towards a novel and more ethical way of addressing […]

One of the most curious things about the U.S. Constitution is that it is written down. Words may seem like an obvious feature of any constitution, but they do not appear in much of the constitution of Great Britain, the country from which the United States seceded. Historians have often assumed that the peculiar American […]

The Roberts Court has made protecting “the privacy of life” a watchword of Fourth Amendment law in the digital age. It is therefore an opportune time to revisit the doctrinal and policy roots of this recently influential quote from the Court’s 1886 decision Boyd v. United States. Existing scholarship views Boyd and its paean to […]

Since Lady Hale’s retirement in early 2020 and her replacement as president by Lord Reed, the UK Supreme Court has become more moderate. This is, at least, the prevailing view among some legal commentators and court observers. In a scathing essay in the London Review of Books, Conor Gearty diagnosed the Court as having a […]

The media reported that some Supreme Court justices had received undisclosed gifts worth hundreds of thousands of dollars from wealthy benefactors, had failed to recuse themselves when those benefactors’ matters came before the Court, or had misused their positions and influence for personal gain. With each revelation, Supreme Court ethics gradually became a matter of […]

Who decides what the U.S. Constitution means? Since at least the turn of the century, Supreme Court justices have made their answer clear: the courts.1 But a rising wave of scholars offers a different answer: Congress.2 These scholars point to the tension between democratic values ​​and judicial supremacy.3 They observe that federal courts have been […]