By Wendy Netter Epstein. Full Text. There is excitement on the left about a move to universal health care and on the right about returning more power to the states. Yet in a time of divided government, major health policy changes are not imminent. Meanwhile, millions of Americans are uninsured under the current system—a problem…

By Richard Schragger and Micah Schwartzman. Full Text. An emerging intellectual and ideological critique of liberalism is coinciding with a significant transformation of the American law of church and state. Contemporary religious antiliberalism rejects principles of church-state separation that have long informed the meaning of the Establishment and Free Exercise Clauses. This attack on liberal…

By Mary Holper. Full Text. Scholars, immigration judges, attorneys, and congressional committees have been calling for a truly independent immigration adjudication system for decades, critiquing a system in which some immigration judges describe themselves as “U.S. imitation judges.” This Article examines the lack of truly independent immigration judges through the lens of the Fourth Amendment,…

By John Armour, Brandon Garrett, Jeffrey Gordon, and Geeyoung Min. Full Text. What role do corporate boards play in compliance? Compliance programs are internal enforcement programs, whereby firms train, monitor and discipline employees with respect to applicable laws and regulations. Corporate enforcement and compliance failures could not be more high-profile, and have placed boards in…

By Neel U. Sukhatme and M. Gregg Bloche. Full Text. Health care costs continue their inexorable rise, threatening America’s long-term fiscal stability, competitiveness, and standard of living. Over the past half-century, efforts to rein in spending have uniformly failed. In this Article, we explain why, breaking with standard accounts of regulatory and market dysfunction. We…

By Amy J. Cohen. Full Text. For decades, proponents of restorative justice on the political left have wondered if their preference for “less state” would attract complex bedfellows and political alliances. But it was only as the crisis of mass incarceration hit American cultural and political consciousness that an increasingly wide range of libertarian and…

By Stephanie Bornstein. Full Text. Civil laws and their implementing regulations are effective at protecting public interests only if they are enforced. A number of federal statutes—including those that prevent discrimination, protect consumers and the environment, and restrain antitrust and securities violations—include “hybrid” enforcement schemes, authorizing both government agencies and private citizens to litigate violations.…

By Matthew Tokson. Full Text. For decades, courts have used a “reasonable expectation of privacy” standard to determine whether a government action is a Fourth Amendment search. Scholars have convincingly argued that this test is incoherent, arbitrary, and incapable of protecting privacy against modern forms of surveillance. Yet few alternatives have been proposed, and those…

By James W. Coleman and Alexandra B. Klass. Full Text. This Article examines the growing opposition to the use of eminent domain for energy transport projects such as oil pipelines, gas pipelines, and electric transmission lines. Such projects were protected from the state legislative reforms that restricted eminent domain following the Supreme Court’s controversial decision in…

By Samuel D. Brunson. Full Text. Gun violence is an outsized problem in the United States. Between a culture that allows for relatively unconstrained firearm ownership and a constitutional provision that ensures that ownership will continue to be relatively unchecked, it has proven virtually impossible for politicians to address the problem of gun violence. And…