August 7, 2019
Congress framed the National Labor Relations Act in 1935, during a period of confidence in the administrative state, using broad language and excluding a private right of action. The Labor Act thereby delegated significant authority to the National Labor Relations Board to formulate doctrine that would encourage “the practice and procedure” of effective and peaceful…
July 16, 2019
Prison abolitionism has gained traction. Louisiana, for example, has taken steps recently to reduce the population of the state’s prisons. In June 2017, the “world’s prison capital” passed a series of laws designed to cut the state’s prison and community supervision populations by ten and twelve percent. The movement has been largely successful, by some…
June 26, 2019
Many gender-neutral restrooms and locker rooms are behind locked doors. Not in the same sense that all bathroom doors are locked; rather, these spaces can be accessed only by either being lucky enough to slip in behind someone with authorization, or by pleading one’s case before some sort of decision maker—a literal gatekeeper. In the…
June 3, 2019
The quintessential public forum, such as a town square, is a place for citizens to gather and discuss issues of the day and ideas related to the polity. Under the public forum doctrine, spaces that the government has opened to the public for expressive activities cannot be subject to content-based or viewpoint-based discrimination. These designated…
May 26, 2019
For the past year, the Trump administration has been hard at work trying to unilaterally rewrite asylum law. Its latest attempt, the so-called Migrant Protection Protocols, informally known as Remain in Mexico, is yet another unlawful gambit. Announced in January by former Secretary of Homeland Security Kirstjen M. Nielsen, Remain in Mexico requires that certain…
May 6, 2019
Elections, especially Presidential elections, have consequences. Few need reminding of this truism after 2016. But the distributional consequences of American Presidential elections have long antedated the emergence of Trumpism in the Republican Party. On no issue is this clearer than those involving the regulation and protection of benefits for American employees. This is illustrated by…
Cass R. Sunstein is the Robert Walmsley University Professor at Harvard Law School. He clerked for Justice Benjamin Kaplan of Massachusetts Supreme Judicial Court and Justice Thurgood Marshall of the…
Sam Wang is a professor of neuroscience and molecular biology at Princeton University. He is also a faculty associate of the Program in Law and Public Affairs. An alumnus of…
Toby Merrill directs the Project on Predatory Student Lending at the Legal Services Center of Harvard Law School, where she is a Clinical Instructor in the Predatory Lending Clinic. The…
