This Article connects the administrative state and the criminal system—two dominant modes of governance that too often are discussed in isolation. It presents an original account of how the policies and the failures of federal administrative agencies drive criminal law enforcement at the local level. In doing so, this Article exposes a significant driver of…
As states have begun regulating the carriage of speech by “Big Tech” internet platforms, scholars, advocates, and policymakers have increasingly focused their attention on the law of common carriage. Legislators have invoked common carriage to defend social media regulations against First Amendment challenges, making arguments set to take center stage in the Supreme Court’s impending…
The Supreme Court’s recent decision striking down the use of race-based classifications in university admissions reflects its growing commitment to the concept of “colorblindness,” which has implications well beyond education. In anticipation, many schools and other actors are already moving toward alternative, facially race-neutral strategies for promoting diversity and reducing racial disparity. But what will…
In the wake of Dobbs v. Jackson Women’s Health Organization, legal scholars have proposed countless innovative strategies to secure reproductive autonomy, largely by circumventing the holding in Dobbs. This Note, however, takes a different approach. Rather than concluding that Dobbs has entirely foreclosed the pathway to constitutional abortion access, this Note considers the marginal case…
