Marijuana is being decriminalized in many states and localities throughout the United States. While recreational use of marijuana is legal in only a handful of states, in many other areas it has become a type of pseudo-violation with such low...

In this Article, Mario Barnes, Erwin Chemerinsky, and Angela Onwuachi-Willig examine and analyze one recent, affirmative action case, Fisher v. University of Texas, Austin, as a means of highlighting why the anti-subordination or equal opportunity...

Courts frequently confine constitutional litigation to a single remedial avenue. For example, courts typically allow enforcement of Fourth Amendment rights by providing either exclusion of evidence or a civil remedy under 42 U.S.C. § 1983, but not...

Over the last sixty years, the courts, Congress, and the President—but mostly the courts—first increased integration in schools and neighborhoods, and then changed course, allowing schools to resegregate. The impact of these decisions is illustrated...

Multinational corporations use intellectual property (IP) to avoid taxes on a massive scale, by transferring their IP to tax havens for artificially low prices. Economists estimate that this abuse costs the U.S. Treasury as much as $90 billion each...

The struggle over marijuana regulation is one of the most important federalism conflicts in a generation. The ongoing clash of federal and state marijuana laws forces us to consider the preemptive power of federal drug laws and the appropriate roles...