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Loving v. Virginia held unconstitutional laws that forbid interracial marriages. This article argues that the legacy of Loving, in light of later constitutional developments (including the constitutional...

Professor Davis examines a neglected but potentially important aspect of the Supreme Court's opinion in Loving: the Court acknowledged, for the first and only time, the social construction of white...

The Sources of Law project is an examination of the origins and hidden ways that important legal authorities impact our lives without us fully understanding why or how. This project will focus on three areas: Executive Orders, the First Amendment, and insurance. ...

The Sources of Law project is an examination of the origins and hidden ways that important legal authorities impact our lives without us fully understanding why or how. This project will focus on three areas: Executive Orders, the First Amendment, and insurance. ...

 

Conventional wisdom assumes that the police are in control of their investigative tools. But with surveillance technologies, this is not always the case. Increasingly, police departments are consumers of surveillance technologies that are created, sold, and controlled by private...

This Essay responds to Jon Michaels’s argument for a form of agency fragmentation called the new “administrative separation of powers,” a structure consisting of three fundamental sets of actors: agency heads, civil society, and the civil service. According to Michaels, his...

This Essay responds to Jon Michaels’s claim, insightfully developed in his recent Article, that the administrative realm functions as a self-regulating ecosystem. Michaels’s claim rests on his description of a trio of administrative rivals that mirror the constitutional branches:...

Commentators often remark that Material Adverse Effects (MAE) Clauses are difficult to successfully invoke. Indeed, the Delaware Court of Chancery stated in Hexion that "Delaware courts have never found a material adverse effect to have occurred in the context of a merger...

Judicial opposition to disproportionate sentences and the long-term impact of criminal records is growing, at least in the Eastern District of New York. With the proliferation and harshness of collateral consequences and the hurdles in overcoming a criminal record, judges have asked for greater...

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