This Feature argues that constitutionally unenumerated yet nonetheless fundamental rights require judicial protection, but ...

112 Yale L.J. 369 (2002)For decades our common understanding of the organization of economic production has been that individuals order their productive activities in one of two ways: either as ...

Freight railroading today is profitable but fails workers, consumers, and communities in serious ways. This Note argues that both the railroad industry’s financial success and its operational ...

This Feature summarizes why and how vertical merger enforcement should be invigorated: in markets where economies of scale and network effects lead to barriers to entry and durable market power. In ...

The Two Western Cultures of Privacy: Dignity Versus Liberty. James Q. Whitman. Privacy • Comparative Law ...

An elected leader’s control may seem essential to bureaucratic accountability. But the administrative state itself better secures accountability’s core values. As this empirical study shows, ...

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court announced a novel historical-analogical approach to constitutional decisionmaking. The Court sought to constrain judicial discretion, ...

Several current Supreme Court Justices have signaled a renewed interest in resurrecting the nondelegation doctrine, but numerous scholars have portrayed the doctrine as ahistorical and unoriginalist.

The built environment is characterized by man-made physical features that make it difficult for certain individuals—often poor people and people of color—to access certain places. Bridges were ...

Bail reformers aspire to untether pretrial detention from wealth and condition it instead on the risk that a defendant will commit crime if released. In setting this risk threshold, this Article ...

The Supreme Court is poised to consider whether the Constitution’s original meaning is compatible with numerous and longstanding congressional laws delegating power to the bureaucracy to enact ...

Antitrust enforcement against anticompetitive platform most favored nations (MFN) provisions can protect competition in online markets, including hotel and transportation bookings, digital goods, or ...