Category: Print

By Gilat Juli Bachar. Most disputes in the United States settle, and often behind closed doors. In particular, settlement agreements with nondisclosure clauses (“confidential settlements”) have been debated for years in the products liability context, as such settlements might conceal information…

By Lihi Yona & Tammy Harel Ben-Shahar. The legal treatment of educational inequality is at an impasse. The recent Students for Fair Admissions v. President and Fellows of Harvard College case (“SFFA v. Harvard”), in which the Supreme Court struck down…

By Aidan E. Wright. Debates over judicial philosophies of interpretation are not new, but the recent changes in the makeup of the Supreme Court have thrust these debates even further into the public eye. Debates over originalism in particular are more…

By Gabriel Rauterberg & Joshua Younger. Money is a motley. While the state typically enjoys a monopoly on issuing new physical currency, a variety of instruments serve money-like roles in the financial system. Most familiarly, the United States relies heavily on…

By Jonathan Green. What is a judge looking for, exactly, when she interprets an ambiguous statute? The objective public meaning of the law’s terms? The meaning its authors intended? The meaning that, given the equities, the statute should have? The judge’s…

By Russell M. Gold. How should a community balance spending on playgrounds and recreation centers, public schools, mental and physical health care, garbage collection, employment programs, supporting community-based nonprofits, and criminal law? That question is profoundly important, but it is rarely…

By Joshua Ulan Galperin. In very recent memory, private firms have established reproductive policies supporting employee access to abortion in the wake of Dobbs, limited access to assault weapons in the wake of mass killings, and made pledges about trans rights…

By Robert Curl. Sustainability, broadly defined, is the capacity to meet a present population’s needs “without compromising the ability of future generations to meet their needs.” Providing enough resources for people today while preserving resources for the future is something that…

By Adam Crews. Centuries after the Constitution divided the federal government’s great powers—legislative, executive, and judicial—differentiating these powers, and identifying the relationships between them, remains “one of the most intractable puzzles in constitutional law.” This puzzle poses a particular challenge for…

By Kate M. Conlow. Academic economists are incredibly influential actors in federal government—they publish impactful scholarship relied upon by public officials, perform government-contracted research, and advise leaders on policy. At the same time, academic economists often maintain close ties to regulated…