This Essay argues that legal challenges to Trump’s restrictive immigration policies should call out white nationalism as the underlying harm, both through raising equal protection claims and in ...

But the categorical approach has been the subject of controversy and contest. In 2008, the Bush Administration launched an ultimately unsuccessful attack on the use of the categorical approach by ...

The Supreme Court’s decision on the constitutionality of the Affordable Care Act (ACA) will likely be handed down on the last day of this year’s term. If the Court finds that the ACA—either in whole ...

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This episode and others are suggestive of the increasing strain on prosecutors charged with implementing Administration directives that may improperly target opponents or reward supporters. While ...

For Law Professors Rachel Arnow-Richman, Ian Ayres, Susan Bisom-Rapp, Tristin Green, Rebecca Lee, Ann McGinley, Angela Onwuachi-Willig, Nicole Porter, Vicki Schultz, and Brian Soucek Introduction We, ...

To make matters worse, when a woman does report harassment in the workplace and experiences retaliation, her claim often fails. Section 704(a) of Title VII states: A. Changes to Anti-Retaliation Law ...

As part of the #MeToo movement, sex harassment allegations were brought in a number of industries and workplaces, most publicly in the film and media fields. 5Close this footnote 5See, e.g., ...

A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...

In the first 100 days of his second term, President Donald Trump made a bid for stronger presidential control over federal spending. One key feature of this “appropriations presidentialism,” as two ...

Immigration detention in the U.S. is civil confinement for which the officially stated purpose is to facilitate the removal of individuals who do not have permission to remain in the country. With ...

The rest of this Essay proceeds in three parts. Part I briefly recounts the use of the “set aside” language in federal statutes providing for judicial review—from the term’s debut appearance in the ...