September 11, 2019
The economics of intercollegiate athletics generate strong and divided opinions. The NCAA’s Division I manual espouses the view that college sports should be “a vital part of the educational system” adhering to “standards of scholarship, sportsmanship and amateurism” and reflecting “a clear line of demarcation between intercollegiate athletics and professional sports.” That line is not…
Comparative Constitutional Law, Constitutional Law
August 29, 2019
“Knowledge institutions” are fundamental components of successful constitutional democracies. As recent scholarship suggests (see Ginsburg & Huq (2018); Graber et al. (2018)), threats against the press, against institutions of higher learning, and against NGOs often accompany threats to independent judiciaries, to government watchdog offices, and to genuinely free, fair and open elections in countries with…
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…
Ciara Torres-Spelliscy is a Professor of Law at Stetson University College of Law, a fellow at the Brennan Center for Justice at NYU School of Law, the Chair of the…
Eric H. Holder, Jr. serves as Chairman of the National Democratic Redistricting Committee. Mr. Holder is an internationally recognized leader on a broad range of legal issues and a staunch…
Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review. Before joining Cato, he was a special assistant/adviser to the Multi-National…
