Law
Keeping the Faith
Even in states without bans on abortion or gender-affirming care, hidden religious restrictions in secular hospitals harm patients.
When Courts Matter
The courts have become a flashpoint in the United States and Israel—but for very different reasons.
A Climate Strategy of Last Resort
With time running out, jury nullification for civil disobedience is worth the risk.
The Frozen Politics of Social Security
The tone of exhausted pragmatism—even among friends of the program—is counterproductive. It is beyond time to fight fire with fire.
Without Warrant
Yawning gaps in the law empower police to collect and store massive amounts of data, all on the grounds that it might one day turn out useful.
The Neoliberal Superego of Education Policy
Institutional reform is no match for pervasive structural inequality.
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.
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.
Why Biden’s New Industrial Policy Won’t Work Without Reforms
The passage of the administration’s Inflation Reduction Act should be celebrated, but without explicit corporate guardrails it’s doomed.
How the International Criminal Court Could Prosecute Putin
The legal doctrine of “superior responsibility” makes the Russian president liable for war crimes committed in Ukraine.
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.
After Dobbs
An interview on the post-Dobbs legal landscape—and how the federal government can respond.
Why Does the State Care About Your Gender?
The patchwork of government regulations around sex and gender causes endless misery for transgender people.
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.
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