Paul W. Kahn— Project and system views of law are in deep tension, but this is not a tension that needs to be resolved at an abstract level. We live with multiple ways of imagining law and explaining ourselves. These different pictures contend at the retail level. They are put
Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title VII of the 1964 Civil Rights Act extended to discrimination against gays, lesbians, and transgender people. Remarkably, both Justice Neil
Paul W. Kahn— Project and system are two competing narrative forms that organize the way we imagine the nature of legal order. A project gains its principle of order from the intentional act of a free subject. A system gains its principle of order immanently and spontaneously. To write a
Paul W. Kahn— We can imagine a state in which courts issued judgments without explanation. The need to settle disputes requires some form of adjudicatory mechanism; it does not necessarily require explanation of the decisions. When there is explanation, the form of presentation has varied over time. The American
Kent Greenfield— I was driving the other day with my kids in the car. Henry, like most five-year-olds, is full of questions. “Where do people come from?” “If you could be any animal, what would it be?” “When is my Thor Halloween costume going to arrive?” But this day, his
John B. Nann— The law is society. It is a reflection of the community, it is the rules that govern the community, and it is one of the main tools that a government has to affect the behavior of the community. A government can encourage philanthropy by providing tax deductions
A hero to the right, a foe to the left, Antonin Scalia was one of the most influential Supreme Court justices to ever serve. Richard Hasen discusses Scalia’s legacy. Subscribe: Apple Podcasts | Stitcher | Soundcloud | Spotify
Sanford Levinson— Federalist 65: The Senate’s Confirmation and Impeachment Powers One of the most important distinction between the Senate and House, with regard to their constitutionally granted powers, concerns the former’s unique role in confirming presidential appointments. It is utterly irrelevant, as a formal matter, what the House thinks about
Jessica Lake— What would you do if you came across a video featuring your naked body on Facebook? On March 7th this year, Fox Sports reporter Erin Andrews won a claim for “invasion of privacy” against both a stalker and the Nashville Marriott hotel after the stalker, Michael David Barrett, secretly
Kimberly A. Yuracko— Recently, and quite suddenly, bathroom access for transgender individuals has become the newest civil rights battleground. The Department of Justice (DOJ), The Department of Education (DOE) and the Equal Employment Opportunity Commission (EEOC) have interpreted the sex discrimination prohibitions of Title IX and Title VII as requiring