Reconstructing (The Law of) Democracy
American democracy is experiencing a stress test, but the field that ought to be preoccupied with democracy seems to have little to say about it. The law of democracy has […]
Silencing as Blackening
We are so accustomed to seeing defendants sit silently at criminal trials while their lawyers speak that we hardly question it. Or we tell ourselves this silence is for their […]
The Object of Interpretation
This Article provides an account of the object of legal interpretation. It examines various potential objects: text, lawmaking choice, practice, and order. The Article argues for a pluralist conception of […]
“Sex Changed by a Court’s Decree”: The History and Tradition of Gender Transitions in the United States
In June 2025, the Supreme Court held in United States v. Skrmetti that bans on gender-affirming care for minors do not violate the Equal Protection Clause. The Supreme Court’s decision […]
Abolition Democracy and Abolition Constitutionalism: A Constitutional Framework for Overruling the Insular Cases
A new abolition constitutionalism could seek to abolish historical forms of oppression beyond slavery, including settler colonialism, patriarchy, heteronormativity, ableism, and capitalism, and strive to dismantle systems beyond police and […]