Prompted by the violent events at the August 2017 white supremacist protest in Charlottesville, Virginia, this article argues that state and local officials have significant latitude to enact and enforce laws that restrict the intimidating display...
In Wal-Mart Stores, Inc. v. Dukes, the U.S. Supreme Court made clear that class certification requires evidentiary proof of prerequisites required by Rule 23 of the Federal Rules of Civil Procedure. Yet the Court has not clarified whether the...
Unlike in other digital arenas in which American companies are global leaders, the United States lags in consumer financial technology. The article argues that this effect can largely be attributed to the institutional design of federal regulators...
The U.S. Supreme Court has based requirements of standing and party adverseness on the “case-or-controversy” language of Article III and the history of judicial practice in England, but neither text nor history can bear the weight of justification...
Is the United States at risk of democratic backsliding? And would the Constitution prevent such decay? To many, the 2016 election campaign and the conduct of President Donald Trump may be the immediate catalyst for these questions. But structural...
In recent years, the use of economic sanctions—statutory fines, surcharges, administrative fees, and restitution—has exploded in courts across the country. Economic sanctions are imposed for violations as minor as jaywalking and as serious as...