LATEST SCHOLARSHIP

The Puzzle of Social Movements in American Legal Theory

In one of the most striking developments in American legal scholarship over the past quarter century, social movements have become central to the study of law. Why has this happened? To answer the question, this article provides an original account...

Community in Conflict: Same-Sex Marriage and Backlash

Did backlash to judicial decisions play a destructive role in debates over same-sex marriage, as was so often claimed? The article argues that the Supreme Court’s decision in Obergefell was possible not simply because public opinion changed, but...

Rebellious Social Movement Lawyering Against Traffic Court Debt

How should lawyers connect their preexisting advocacy with a broader social movement? Must lawyers be relegated to the background, or might they assume an active role that enhances the leadership of grassroots community members within the movement...

Obscuring Asian Penalty with Illusions of Black Bonus

Abstract Do white students enjoy an unfair advantage as compared to Asian Americans in admissions to certain universities? This Article explains the proper legal comparison under settled civil rights law for making this determination based on the...

Food Law at the Outset of the Trump Administration

Food policy remains one of the main levers by which we can work to address some of the most intractable problems of our time because of food’s effect on health, the environment, and the economy. The article considers the implications of the Trump...