By Thomas Brennan, Lee Epstein, & Nancy Staudt. Full text here.

By Benjamin Wittes. Full text here.

By Brett M. Kavanaugh. Full text here.

By Jeffrey P. Justman. Full text here.

By Sara C. Bronin. Full text here. Thirty-seven years ago, a book called The Quiet Revolution in Land Use Control argued that states would soon take over localities’ long-held power over land use regulation. In the authors’ view, this quiet revolution would occur when policymakers and the public recognized that certain problems—like environmental destruction—were too big…

By Miranda Perry Fleischer. Full text here. Charities play a vital role in our society. In addition to enhancing pluralism, they meet many societal needs more efficiently, creatively, and effectively than government alone. Charities aid our poor, teach our youth, improve our health, comfort us spiritually, and enrich our cultural lives. Given the charitable sector’s importance…

By Jill Elaine Hasday. Full text here. The Supreme Court in Rostker v. Goldberg (1981) upheld male-only military registration, and endorsed male-only conscription and combat positions. Few cases have challenged restrictions on women’s military service since Rostker, and none have reached the Supreme Court. Federal statutes continue to exclude women from military registration and draft eligibility,…

By Martin H. Redish & Dennis Murashko. Full text here. For more than seven decades since the passage of the Rules Enabling Act, courts and commentators have struggled to define the boundaries of what rules the Supreme Court can and cannot promulgate. We undertake here to explain that lack of success and at the same time…

By Jack M. Balkin. Full text here. During the last part of the twentieth century the United States began developing a new form of governance that features the collection, collation, and analysis of information about populations both in the United States and around the world. This new form of governance is the National Surveillance State. In…

By Jenny Roberts. Full text here. For many people convicted of crimes, the case does not end when the sentence is over. Instead, it follows them out of the courthouse or prison doors in the guise of “collateral,” or non-penal, sanctions. The last several decades have seen unprecedented expansion in the number and severity of the…