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Absolute constitutional rights are rare—even the venerable rights of free speech and freedom of religion are not absolute. In criminal prosecutions, the Sixth Amendment’s right to counsel has been described…

Crimmigration law—the intersection of immigration and criminal law—with its emphasis on immigration enforcement, has been central in discussions over political compromise on immigration reform. Yet crimmigration law’s singular approach to…

Modern American law describes speech in stereotypically masculine terms: it is a “marketplace” where participants “joust” for dominance. Predictably, today’s speech jurisprudence can be hostile to the female voice, implicitly…

Model Rule 5.4—which prohibits nonlawyer ownership of law firms—has existed for almost 100 years in one iteration or another. Throughout that time, the Rule has been steeped in controversy. Some…

The rapid spread of the COVID-19 pandemic left consumers to figure out how to bring the comforts of the world into their homes. Few industries benefited from this trend like…

Drawing on our continuing empirical study of decisions on the free exercise of religion, we suggest that the federal courts were approaching equilibrium in outcomes from 2006 to 2015. In…