For most of history, judges have applied fault- and sex-based presumptions to decide the kinds of custody arrangements that are in children’s best interests. Now that those have been eliminated, courts have no clear guidance for deciding the custody of children other than a vague directive to do what
Although there are at least five justices who identify as originalists on the Roberts Court, none of them exercise judicial review in an originalist manner, and the Roberts Court as an institution is no less or more originalist than previous Supreme Courts. The important difference between the Roberts Court and
Part II of this Article deepens the expanded view of organizational law developed in Part I with a focus on its distributive features. Using the analytical framework of entity governance, resource governance, and use and purpose governance, Part II demonstrates how these dimensions of organizational law interact to constrain the
Scholars and advocates have emphasized affordable housing cooperatives as an important opportunity for shared equity homeownership. Yet, except for a few jurisdictions, these entities comprise a small share of the housing market. This article situates the limited presence of affordable housing cooperatives as arising from the constraints and frameworks of
Scholars have been predicting the demise of the American death penalty for much of the twenty-first century. This prediction finds support in state-by-state abolition, reduced numbers of new death sentences, and continued reductions in the death row population. Despite significant movement away from the death penalty, the punishment remains stubbornly
In the span of a decade, the Supreme Court has restructured the Free Exercise Clause entirely. It has removed the counterweight of disestablishment; it has sought parity between religion and secularity by means of strict scrutiny analysis turning on a principle of nondiscrimination; and it has opened the way to
Law and morality are inextricably linked. Those who make, enforce, or are subject to the law may wish to believe that legal principles rest on objective foundations, but the reality could not be further from the truth. Even our most basic and well-accepted legal prohibitions or legal rights are steeped
This Article critically examines the concept of occupational freedom, arguing that the legal right to choose and pursue a profession, as enshrined in many constitutional systems, remains largely theoretical for vast segments of the population. While legal frameworks recognize occupational freedom, socioeconomic barriers, systemic discrimination, and cultural norms continue to
Tax law is more than a fiscal framework; it is a moral compass that shapes society's values, governing who bears the burden and who reaps the benefits. Hidden within the tax code are moral judgments on wealth, privilege, responsibility, and fairness, making taxation one of the most profound
Mail-order dispensing of the prescription drug mifepristone has become the latest flashpoint in this country’s long-running debate over abortion access. It also has brought back from the dead one of the oldest federal statutes to address that contentious subject. In their fight to limit access to a drug approved
Examining Georgia’s 1876 abortion law through the lens of history, law, and morality—linking it to Reconstruction-era racial politics, shifting medical norms, and constitutional change. Abortion became a tool to control labor, gender roles, and moral narratives in post-Civil War Georgia.
Beginning in the early 1990s, the Executive Branch began an era of enforcement of federal firearms crime that was different in kind and degree from the prior seventy-five years. The federal crime policies of the 1990s and 2000s led to a significant increase both in the total number of federal
Though multiple federal laws explicitly bar discrimination in consumer transactions, many consumer transactions fall in the gaps between those laws. But recently, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) have attempted to plug those gaps on the theory that discrimination is unfair within the meaning of
AI poses unpredictable risks that challenge traditional insurance models. This article proposes a government-backed insurance framework—like the Price-Anderson Act for nuclear energy—to manage AI-related harms and ensure victims are compensated as the technology evolves.
Artificial Intelligence (AI) is not some futuristic technology—it exists in everyday products like your Uber app or the Siri voice on your nightstand. Its development is meteoric; foundation models are the latest AI advancement. These models are a type of AI that not only produces a range of products
