Law and Justice
The New Faith-Based Discrimination
A sharp uptick in challenges to U.S. antidiscrimination laws threatens decades of progress in extending civil rights to all.
Affirmative Action Under Threat
If the Supreme Court deems it unconstitutional, how else might we challenge entrenched inequalities?
Jurors Can Protect Abortion Access
Just as abolitionists fought the Fugitive Slave Act, those resisting the criminalization of reproductive health can employ jury nullification.
How Government Ends
Through an assault on administrative agencies, the Supreme Court is systematically eroding the legal basis of effective governance.
Privacy in the Age of Surveillance Capitalism
An “unholy alliance” of state and private industry threatens to undermine democracy and individual autonomy.
Life Sentences for Ahmaud Arbery’s Killers Are Nothing to Celebrate
Draconian individual punishment distracts from systemic change and reinforces the cruelest and most racist system of incarceration on the planet.
How Capitalism—Not a Few Bad Actors—Destroyed the Internet
Twenty-five years of neoliberal political economy are to blame for today’s regime of surveillance advertising, and only public policy can undo it.
Human Rights and Their Discontents
Advocacy of human rights has a long history on the left, but does it have a future?
White Supremacists Aren’t “Lone Wolves”
The strategy of “leaderless resistance” has allowed white power activists to disguise the extent of their organizing.
Reproductive Justice After Roe
As Roe is struck down by the Supreme Court, we bring together recent and archival essays to assess what is at stake—and how we might move from reproductive rights to reproductive justice.
Toward an Inclusive, Democratic Political Economy
Final Response: The path ahead is steep, but we have the intellectual resources to forge a more egalitarian constitutional order.
Beyond Neoclassical Antitrust
There’s far more to progressive political economy than market competition and reverence for business.
From Constitutional Theory to Political Practice
Achieving the potential of our founding principles requires us to ask hard questions.
Imagining a Twenty-first Century Constitution
Past progressive legal traditions offer valuable lessons, but reformers must also look to the future.
The Limits of Imperial Social Democracy
In practice, domestic equality has often relied on dominance and exclusion.
Make Progressive Politics Constitutional Again
We must reject the legal liberalism that attempts to cordon off constitutional questions from democratic politics.
Radicalizing Human Rights
Critics say human rights discourse blunts social transformation. It doesn’t have to.
Law for Black Radical Liberation
The language of universal rights can be a powerful tool for advancing social justice.
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