Faculty Bibliography
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The anxiety about distinguishing a President from a king, which framed this Court term, is inextricably intertwined with the end-of-democracy theme of the 2024 Presidential race.
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If Joe Biden doesn’t willingly resign, there’s another solution, which would allow Democrats to unite around a new incumbent.
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For years, universities have been less inclined to protect speech and quicker to sanction it. After this spring’s protests, it will be difficult to turn back.
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In arguments about Presidential immunity, the conservative Justices, who avoided mentioning Trump, made clear that they are less concerned with holding him accountable than with shielding former Presidents from retribution.
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In his first interview after the release of his controversial report, the former special counsel insists that it was not his job to write for the public.
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The Justices seem to want to avoid a major decision about whether Trump can serve as President—but if they do so they may set off a national crisis.
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As the Israel-Hamas war provokes claims about unacceptable speech, the ability to debate difficult subjects is in renewed peril.
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Senate Republicans’ brief in the Supreme Court surprisingly argues just that.
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For decades, college-admissions offices have quietly imposed higher standards on female applicants.
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Under the Court’s new rules, the Justices appear not to have made any mistakes.
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No case in our system of justice could more directly and fundamentally address the stakes of American democracy and the rule of law.
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A conservative Court holds that student-body diversity is not a “compelling interest.”
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The next big question for school admissions will likely be the legality of “race-neutral” methods that are designed with the continuing goal of producing diverse student bodies.
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Twenty years ago, Justice Sandra Day O’Connor wrote, in a draft opinion, that white applicants could not be favored over Asian Americans. Why did she delete those lines—and why did Justice Clarence Thomas adopt them in his own opinion?
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It gives Trump a compelling reason to persevere in his campaign, and to sow doubt about the criminal process.
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Jeannie Suk Gersen, The Real Scandal Surrounding Clarence Thomas's Gifts, New Yorker (May 14, 2023).
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Supreme Court Justices, alone in our system, are not truly regulated by anyone other than themselves.
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A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?
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In the midst of the #MeToo movement, California voters recalled a judge for being lenient on sexual assault. As a new documentary argues, that recall campaign had unintended results.
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A federal official wrote a parody of Harvard’s attitude toward Asian Americans and shared it with the dean of admissions. Why did a judge try to hide that from the public?
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Republican state attorneys general are threatening action against pharmacies that dispense it, as a federal lawsuit challenges the F.D.A.’s authority to approve it.
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The lawyer who wrote Texas’s abortion ban has a bigger project—disempowering the judiciary—that may appeal to liberals, too.
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After the Dobbs decision, soul-searching about the rule of law has rarely been as cynical or as fundamental.
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It favors the rights of religious groups over those of gay couples—and, if Obergefell were to be overruled, it would create two classes of marriage.
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Students for Fair Admissions is one of only a few Supreme Court cases about the rights of Asian Americans. But what will it achieve on their behalf?
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The Supreme Court hears a challenge to affirmative action this week—and will likely overrule more than four decades of precedents on college admissions.
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In a copyright case, the Justices revealed their own anxieties about interpreting precedents.
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So far, the evidence of what Trump didn’t do on January 6th holds the strongest potential for making a successful criminal case against him.
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But what if their big and fast moves, eviscerating some constitutional rights and inflating others, are bound for collision?
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The crude reality of the political machinations involved in overruling Roe v. Wade makes it galling to read the Court’s self-portrayal as a picture of proper judicial restraint.
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Academic freedom is under attack from both the left and the right. The very notion of academic freedom is at stake as liberals and conservatives attack exercises of it that do not align with their political goals. Moreover, those who purport to champion academic freedom frequently end up attempting to restrict it. This trend has accompanied an atmosphere of fear about speaking freely. At this moment, we desperately need explicit discussions about academic freedom. Those who believe in the value of academic freedom must wrest it from disingenuous invocations and truly defend it by wrestling with its genuine difficulties, including by acknowledging the tensions it may create with evolving antidiscrimination principles and practices.
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The fragility of the right to an abortion has become synonymous with the fragility of the Court’s legitimacy.
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After building toward such a moment for half a century, pro-life legal efforts aren’t likely to stop there.
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President Biden has promised to nominate a Black woman at the same moment when the Court is likely to ban most race-conscious selections.
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Members of the group face seditious-conspiracy charges for their roles in the January 6th insurrection. Can a sincere belief that the election was stolen protect them?
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Dobbs v. Jackson Women’s Health Organization is an open challenge to the Court’s authority, and perhaps broadly reflects a spirit of legal self-help that is running through the land.
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New psychological research suggests that trigger warnings do not reduce negative reactions to disturbing material—and may even increase them.
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We submit our letter to assist OCR in achieving its goal with this hearing, which is two-fold: to ensure that students are (1) allowed to pursue their education free from sexual harassment and assault and (2) treated fairly in the adjudicatory process—whether they are the complainant or the respondent—designed to investigate and resolve allegations of sexual harassment and sexual assault.
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