Facebook's new Oversight Board is an unprecedented experiment in content moderation governance. But how will it work—and why does it matter?
Vice President Biden is considering elevating some White House offices to the Cabinet. But this change comes with complications.
President Trump has floated the possibility of issuing a quarantine order for New York, New Jersey, and Connecticut. But is this even legal?
It turns out that shareholders, not management, have been the driving force behind the environmental, social, and governance principles that many associate with stakeholder governance.
Section Two of the Fourteenth Amendment could provide a powerful protection to voting rights. But its risks outweigh its rewards.
The Fourth Amendment requires that searches be reasonable. Courts effectuate this requirement through a balancing analysis, weighing a search’s harm to privacy against the governmental interest it serves. The results of these balancing exercises are then recast as constitutional requirements and exceptions. For example, the requirement that an ordinary search be backed by a warrant … Continue reading Reexamining the Government’s Interest in Border Searches of Digital Devices by Charles W. Gibson
The First Amendment’s Religion Clauses requires an exemption to certain anti-discrimination laws, like the ADA, for certain employees of religious employers. But lower courts disagree about which employees qualify for the so-called “ministerial exception.” This Essay argues that the exception should apply to any employee of a religious group who fills a religious role.
While other studies have considered the TCJA’s effect on specific corporate attributes, this Essay is the first to assess the TCJA’s effect on a range of corporate behaviors by using recently filed, publicly available data on a granular, corporation-by-corporation basis.
In Slices and Lumps: Division and Aggregation in Law and Life, I argue that the future depends on configuration. Putting together resources and cooperation in the right combinations is essential to human flourishing in multiple domains: the environment, the city, the workplace, the market, and the home. It is also central to reaching collective and … Continue reading Go Configure by Lee Anne Fennell
Introduction Slices and Lumps, the remarkable new book by Professor Lee Fennell, begins from the title itself to tell a story about the instability of how the world is organized. Lumps can be natural things, formed in a bowl by humidity’s kiss, but slices are often the work of human intervention. When, then, should we … Continue reading Paying with Lumps by Brian Galle