White-collar crime has long presented a puzzle for, or a challenge to, theorists of the criminal law. Indeed, it might be more accurate to say that it presents at least two sorts of puzzles. Some white-collar offenses are puzzling through and through: we are perplexed about why the conduct at...

The Supreme Court’s decision in National Federation of Independent Business v. Sebelius regarding the constitutionality of the Patient Protection and Affordable Care Act produced three main holdings concerning two critical provisions of the Act. The first two holdings concerned the...

There are two basic ways to think about the constitutionality of conditional funding offers from the national government to the states: as a localized problem subject to a localized solution, or as instantiating a broader problem subject to a more general analysis. The first perspective views...

The problem of caste discrimination has come into sharp focus in the United States. In the last few years, there have been several high-profile allegations and cases of caste discrimination in employment and educational settings. As a result, organizations and institutions—including...

Why are some of the most important legal questions in our society — like the legal status of gay marriage, the right to unionize, the limits of campaign finance, the extent to which firearms can be regulated, abortion, and the outcome of a presidential election — decided by a bare majority...

Caste oppression is real and present in our midst in the United States. In the summer of 2020, several employees of large tech firms like Google, Apple, Microsoft, and Cisco came forward with harrowing tales of workplace discrimination, including being paid less, denied promotions, and mocked...

In Law’s Empire, Ronald Dworkin raised what he called a new objection to Hart’s positivist theory of law. Dworkin contended that Hartian legal positivism cannot account for the genuine possibility of theoretical disagreement in the law, because, according to the positivists, law reduces to a...

On November 19, 2021, Kyle Rittenhouse was acquitted of homicide charges stemming from his killing of two people—Anthony Huber and Joseph Rosenbaum—at a protest of police violence in Kenosha, Wisconsin. Rittenhouse had armed himself and traveled to the protest, purportedly to defend...

Was Bostock properly decided, as a matter of textualist jurisprudence and the doctrine of but-for causation? We contend that the Court's but-for reasoning remains something of a loose thread. We argue that the case can be understood as properly decided under a different rubric. Title VII outlaws...