This article explores the impending conflict between the protection of civil rights and trade secrecy in an age of big data, as exemplified by a number of recent cases involving algorithmic bias and discrimination. In a world where the activities of private corporations are raising concerns about privacy, due process, and discrimination, we must focus on the role of corporations in addressing the...
Open Records, Shuttered Labs: Ending Political Harassment of Public University Researchers
This article confronts a dangerous contemporary trend: the escalating political harassment of public university scholars through the use of public records requests. This phenomenon impedes academic enterprises as diverse as climate change research and biomedical experiments. The article argues that most of professors’ records should not be subject to laws that exist to promote democratic...
Initial Coin Offerings: Emerging Technology’s Fundraising Innovation
This comment presents a new legal framework for regulation of initial coin offerings that meets the interests of the SEC, investors, and the innovative companies in the cryptocurrency industry.
Episode 4.1: Reclaiming Land Use Law: Using People Power to Guide Development
Dialectic hosts Sunjana Supekar and Jason Lawler talk with Doug Smith, Ysabel Jurado, and Joe Donlin about the role of community planning in combating gentrification in Los Angeles.
Dispatches from the Other Side of Development
Professor K-Sue Park's introduction to series Gentrification, Displacement, and Dispossession.
How Constitutional Norms Break Down
The article calls attention to the latent instability of constitutional norms and theorizes the structure of constitutional norm change. It argues that, under certain conditions, it will be more worrisome when norms are subtly revised than when they are openly flouted. Thus, President Trump’s flagrant defiance of norms may not be as big a threat to our constitutional democracy as the more complex...
From Doctrine to Safeguards in American Constitutional Democracy
Scholars, judges, and policymakers have observed that American constitutional democracy depends on far more than the constraints imposed by judicially-interpreted formal legal arrangements. Drawing on judicial doctrine, political science, and the history of American institutions since the end of World War II, this article explores what it means to take seriously a more expansive, less court...
The Constitution of Our Tribal Republic
Long before there was a U.S. Constitution for the American republic, there were treaties among Indian Nations and between Indian Nations and colonial governments reflecting ideals of consultation and negotiation among self-determining peoples. Using negotiations between the United States and the states a point of comparison, this article works through what it might mean to think about...