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Democracies need institutions that help to build public consensus on fundamental principles of justice. However, the major public institutions associated with this task—electoral institutions, the press, education, and civil society—each…

In the widely criticized Civil Rights Cases (1883), the Supreme Court invoked federalism to overturn a national public accommodation law and spawned more than a century of commentary. Observing history…

From the rigid territoriality of Pennoyer to the amorphous fairness test of International Shoe to the relation-based holding of Ford, the Supreme Court has evaluated personal jurisdiction as a Fourteenth…

American corporate law has remained remarkably stable for decades. The stakeholder movement of recent years has unleashed extensive discussions about environmental, social, and corporate governance (“ESG”); corporate purpose; diversity; and…

Norwegian prisons, often touted as the world’s most humane, rely on an “import model” for providing services. Under this model, the government agencies responsible for providing social services in the…

American criminal jurisprudence relies on confidential informants: those individuals who agree to assist police in exchange for leniency. Facing little regulation by legislatures, law enforcement has raised an informant system…

Gender-affirming healthcare is instrumental in ensuring youth survive adolescence when their gender identity differs from their assigned gender at birth. Contrary to medical recommendations, state governments across the Nation have…