Everyone believes that immigration law has been exceptional since its late nineteenth-century birth—insulated from judicial review by the Court’s creation of the “plenary power doctrine.” But early immigration law was actually ordinary public law. Recovering this reality has profound implications for scholars of immigration and public law alike.
This Article introduces a new, historically grounded “externalist” perspective for understanding the possibilities and limits of statutory interpretation as a tool for democratic participation and collective power building.
The legal system’s ability to control people’s time is a form of dominion that exacerbates the structural disadvantages that marginalized families already face. Constriction, stretching, and indeterminacy are important aspects of temporal marginalization in the family regulation system. Considering the experience of time is one step towards understanding its impacts.
This Note argues that wage theft in the fissured economy is a competition problem, not just a labor problem. It first recovers a historical understanding of substandard wages as an unfair method of competition. It then proposes FTC action against supply-chain wage theft using Section 5 of the FTC Act.
In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court noted that whether defendant’s work competes with plaintiff’s is a key element of the fair-use analysis. This Essay argues that antitrust law offers valuable guidance for assessing competition in copyright law.
States should respond to the U.S. Supreme Court’s 303 Creative decision by enacting implied warranties of nondiscrimination. Making nondiscrimination a publicly disclaimable default would facilitate informed consumer choice and mitigate the dignitary harms of point-of-sale discrimination.
Platforms’ content moderation of medical misinformation has become one of this era’s biggest political controversies. This Essay traces how platforms’ choices during the COVID-19 pandemic became so politicized, and how the category “medical misinformation” cannot be used to skirt important questions about the legitimacy of platform power over public discourse.
Today, AI enables people to create music simply by using words—fulfilling the belief that music is a universal language. This Essay analyzes how courts and Congress should respond to AI’s seismic disruptions to the music industry based on the principles of technology neutrality, expansive authorship, and rebalancing of copyright.
The Medical-Legal Partnership (MLP) model promotes direct services and public policy advocacy by lawyers incorporated into medical teams. Drawing on personal experiences, this Essay proposes that to accomplish policy change, MLP practitioners organize and be organized into community coalitions built and maintained around a robust vision of health justice.
In this Exchange, Daniel S. Harawa and Michael R. Ulrich examine the implications of United States v. Rahimi for the future of Second Amendment rights. Together, these pieces reveal how Rahimi exposes deep tensions and inconsistencies within the Roberts Court’s Second Amendment jurisprudence.
In the increasingly globalized modern economy, large corporate actors have long operated with relative impunity for transnational human-rights abuses committed in the name of profit maximization. This Collection explores perspectives from a range of voices engaged in the fight for corporate accountability in both the United States and abroad.
Administrative law faces a critical juncture. Settled doctrines ranging from deference to agency interpretations of statutes to delegations of executive power have been destabilized. And earlier this year, Justice Breyer—himself an administrative-law scholar—retired from the Supreme Court. We publish this Collection as a tribute to his judicial legacy.
As law-school clinics assume a growing role in legal education, instructors, students, and community partners have used clinics to test novel, sometimes radical lawyering approaches. This Collection draws from those experiments, using case studies from family defense, immigration, and worker rights to explore the relationship between law and social movements.