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 […]

The DNA Bill is drowning in vagueness as it seeks to create a database of our DNA that makes us vulnerable to attacks and must be fought. Before every session, Parliament provides a list of government matters that are expected to be taken up to inform both the opposition and the citizens of the republic […]

The past few years have marked the rise of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, the Court’s conservative justices have embarked on a radical restructuring of American law across a range of fields and disciplines. Unlike previous changes on the Court, this one is not marked by debates over federal […]

Affirmative action1 in the form of race-conscious admissions is under legal challenge by a conservative activist organization.2 During the Supreme Court’s October 2022 term, the Court heard constitutional arguments against the use of race in admissions programs at two prestigious universities: one private, Harvard University, and one public, the University of North Carolina at Chapel […]

Racial terrorism by organized hate groups and “lone” vigilantes represents a growing societal danger. Increasingly, planning and recruitment for such plots are conducted through online communication channels. This essay sheds new light on how little-known federal civil rights laws, originally enacted after the Civil War, can be applied to the use of online platforms to […]

Introduction Over the past decade, conservative Supreme Court justices have repeatedly held that those who oppose marriage rights for same-sex couples are decent, fair-minded people who are not prejudiced against lesbians, gay men, and bisexuals.1 According to these justices, the sincere and reasonable beliefs of those who oppose marriage equality can be distinguished, in constitutionally […]

IntroductionIn his insightful commentary on Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina1 (hereinafter SFFA cases), Dean Angela Onwuachi-Willig criticizes Chief Justice Roberts’ majority opinion for its “simplistic understanding of race and racism.”2 She interrogates the “doxa,” the “unexamined cultural […]

Introduction I have been fortunate to have been asked to comment on the remarkable article Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals by Judge Jeremy D. Fogel, Professor Mary S. Hoopes, and Judge Goodwin Liu.1 Drawing on a rich vein of data collected pursuant to a […]

The Family and Medical Leave Act (FMLA) provides workers with twelve weeks of unpaid, job-protected leave to care for their own serious illness or injury or that of a close family member. However, the FMLA has strict eligibility guidelines that make this leave inaccessible to many of America’s rural workers. The ability to take time […]

Key Points AlphabetShares rose 6% on Tuesday, a day after the company praised its latest quantum computing chip as a “breakthrough.” Google’s parent company on Monday revealed “Willow,” a quantum computing chip that the company said performed significantly better in a quantum computing benchmark than its predecessor in 2019. Willow, like similar quantum chips, uses […]