Legal Theory

Not Conservative

July 3, 2018

The press and the rest of the commentariat have fallen into the habit of referring to the work of Chief Justice Roberts and Justices Thomas, Alito, and Gorsuch as “conservative.” That is wrong. In several of the most controverted areas that the Court has entered and in which its decisions have had a profound effect…

Charles Fried

The Problem with Zombie Constitutional Amendments

June 8, 2018

Spurred by a reenergized feminist movement in the wake of Hillary Clinton’s surprising loss in the 2016 presidential election and the #MeToo movement against sexual harassment, the Illinois state legislature reached into the past and attempted to revivify the Equal Rights Amendment (ERA). Observers were quick to declare that a ratification vote by only one…

Keith E. Whittington

Examining the Interface Between Rights and Queues

December 5, 2017

Queues are a mundane and ubiquitous feature of our modern lives. We are all waiting in line for something, at least some of the time, whether in physical places or in virtual environments. We all feel indignant, at least most of the time, when “queue jumpers” cut in. The queue provides an ordered sequence of…

Katharine Young

Unleashed: The Role of Norms and Law

October 17, 2017

In the late 1980s, when I was a visiting professor at Columbia Law School, I happened to pass, in the hallway near my office, a law student (female) speaking to an older law professor (male). To my amazement, the professor was stroking the student’s hair. I thought I saw, very briefly, a grimace on her…

Cass Sunstein