Law and Justice
The Metastasis of the Misdemeanor System
With so many gradations of minor crimes, prejudice and inequality shapes prosecution.
Rethinking Birthright
We need a more just conception of citizenship—one that abolishes the distinction between “natural” and naturalized citizens.
Black Resistance in Louisiana’s Cancer Alley
In Revilletown, which was founded by freed slaves, a petrochemical company has seized ownership of an ancestral cemetery. But an attack on the dead is an attack on the living.
The False Promise of Enlightenment
Three new books paint a chilling portrait of darkness in Wall Street, the law, and technology. But the apocalyptic metaphors obscure the real problem, hindering how we fight back.
Debunking the Capitalist Cowboy
Business school heroes succeeded because they manipulated corporate law, not because of personal brilliance.
Confronting the Relics of the Old South
Two attractions in Alabama—the new national lynching memorial and the First Confederate White House—show a nation struggling to contend with its legacy of racial violence.
What Statistics Can’t Tell Us in the Fight over Affirmative Action at Harvard
A group seeking to ban affirmative action has sued Harvard for discriminating against Asian Americans. The core issues won’t be resolved by statistics alone.
Mass Starvation Is a Crime—It’s Time We Treated It That Way
The famine in Yemen is not simply “man-made.” Particular men are responsible, and they should be brought to justice.
The Origins of Birthright Citizenship
The Fourteenth Amendment captures the idea that no people born in the United States should be forced to live in the shadows.
Sex Is Not the Problem with Sex Work
Under capitalism, you don’t have to love your job to want to keep it.
Resisting the Juristocracy
The cult of the higher judiciary had its limits long before the left failed to block Kavanaugh. Now the only progressive move is to reclaim democracy.
Managing Innocence
The Innocence Movement faces a perverse rhetorical puzzle: righting the isolated wrongful conviction only reinforces public faith in the system as a whole.
Look Up
We can advocate for the well-being of both Jewish and Palestinian-Arab citizens simultaneously, reversing the zero-sum mentality deeply entrenched in Israeli politics.
A Turning Point in Israel
The government’s new Nation State Law codifies prejudice, but therein lies a silver lining.
Courts to the Rescue?
When it comes to fighting Trump’s regulatory agenda, it is the D.C. Circuit that will matter, not the Supreme Court.
Public Benefit, Incorporated
Three simple changes to corporate law could radically remake our economy.
The Border President
Trump v. Hawaii is not about religion. It’s about the president’s unlimited power at the border.
Cambridge Analytica Is Dead, Long Live Our Data
Were data crimes perpetrated against U.S. voters? We are about to know a lot more.