Volume 112
Issue
4
Date
Apr. 2024

Originalism and Historical Fact-Finding

by Joseph Blocher & Brandon L. Garrett
Historical facts are more central to constitutional litigation than ever before, given the Supreme Court’s increasing reliance on originalism and other modes of interpretation that invoke historical practice and tradition. […]

The Bias Presumption

by Dave Hall & Brad Areheart
The American workplace is a fractured sphere of public life, in which white men often wield power at the expense of women and people of color. However, that power imbalance […]

Taxing the Metaverse

by Young Ran (Christine) Kim
The buzz surrounding the Metaverse has been growing steadily for the past couple of years, but the tax implications of this novel ecosystem remain fuzzy to most tax scholars. Such […]

An Information Commission

by Margaret B. Kwoka
The right to access government information is a foundational element of a democratic society, protected in the United States by the Freedom of Information Act, or FOIA. But agencies cannot […]

Political Affirmative Action

by Girardeau A. Spann
INTRODUCTION In the Supreme Court’s most recent affirmative action decision—Students for Fair Admissions, Inc. (SFFA) v. President & Fellows of Harvard College—the Court wrongly continued to believe that it has […]

The Technology Canon

by Kyle J. Finnegan
Technology evolves quickly but statutes do not. Congress passed laws that govern computer hacking, electronic surveillance, and intermediary liability for online platforms at a time when most of its members […]