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In the first two decades of the twenty-first century, American legal scholars have discovered exceptionalism everywhere: family law exceptionalism, tax law exceptionalism, bankruptcy exceptionalism, immigration exceptionalism, criminal law exceptionalism, and…

Courts readily accept that the university–student relationship is fundamentally contractual but face difficulties defining the agreement. This Article develops a coherent framework to discern the university–student contract in traditional four-year…

The early development of employment discrimination law is often perceived as a string of important victories for plaintiffs, although the real story is quite different. Although there were solid victories,…

A growing proportion of the U.S. population—“the gray wave”—has reached or will soon reach “older adult” status. Accordingly, an increasing number of adults will require placement in a long-term care…

The decision in Dobbs v. Jackson Women’s Health resonated with the citizenry in the United States—either as a horrible stripping away of fundamental bodily autonomy or as a resurgence of…

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…