I served with Judge Neil Gorsuch on the Court of Appeals for the Tenth Circuit for over three years, before I left the bench to teach constitutional l ...

McBratney and Draper judicially pierced the Tribal-federal enclave and categorically injected state authority onto Tribal lands. States retain exclusive jurisdiction over non-Indians who victimize non ...

Montana v. US is a case about tribal civil jurisdiction. Yet it has had a second life in a surprising context: federal statutes of general applicability that do not mention tribes. This Comment ...

In this response, I suggest that while Khan and her co-authors are on the right track, even their ambitious vision may not be ambitious enough. The problem with the notice and consent paradigm isn’t ...

Big data is transforming individual privacy—and not in equal ways for all. We are increasingly dependent upon technologies, which in turn need our personal information in order to function. This ...

Aditya Bamzai and Peter Shane trace the enduring debate of the President’s removal power. Together they provide a comprehensive yet succinct history ...

Sonia Mittal–a senior January 6 prosecutor–details the firings, demotions, and investigations of DOJ prosecutors. Mittal argues these executive ac ...

In Trump’s second term, courts face mounting pressure to issue broad, sweeping remedies in response to clear executive overreach. While Samuel Bray ...

For Law Professors Rachel Arnow-Richman, Ian Ayres, Susan Bisom-Rapp, Tristin Green, Rebecca Lee, Ann McGinley, Angela Onwuachi-Willig, Nicole Porter, Vicki Schultz, and Brian Soucek Introduction We, ...

The landscape of American history is littered with facially racist, misogynistic, homophobic, xenophobic, and other demeaning, marginalizing, and subordinating laws. Many more facially neutral laws ...

This Essay argues that legal challenges to Trump’s restrictive immigration policies should call out white nationalism as the underlying harm, both through raising equal protection claims and in ...

To make matters worse, when a woman does report harassment in the workplace and experiences retaliation, her claim often fails. Section 704(a) of Title VII states: A. Changes to Anti-Retaliation Law ...