This article explores the right of the people to be free from government granted monopolies or from what we would today call “Crony Capitalism.” We trace the constitutional history of this right from Tudor England down to present day state and federal constitutional law. We begin with Darcy...

This Article argues that, with respect to our federal regime for safe drinking water, what we observe is not cooperative federalism but rather a triple abdication - abdication of responsibility on the part of the federal, state and local governments. As a result, some localities inadequately...

Mali ranks 175 out of 188 countries on the Human Development Index; its health and literacy indicators are correspondingly low. As of 2013, the rate of female genital mutilation/cutting (FGM/C)—widely regarded as a human rights violation—was 89%. In 2014, an interdisciplinary team partnered...

Modern law makes currency a creature of the state and ultimately the value of its currency depends on the public's trust in that state. While some nations are more capable than others at instilling public trust in the stability of their monetary institutions, it is nonetheless impossible for any...

This paper argues that judicial review usually emerges in response to a nation's need for an umpire to resolve federalism or separation of powers boundary line disputes. Once such an umpire is established, judicial review tends to expand to protect individual rights as well as umpiring among...

In this Article, I focus on what I term “cooling infrastructure,” by which I mean the infrastructure used to (either directly or indirectly) cool indoor environments so that they are safe and comfortable even in heat wave conditions. The cooling infrastructure currently in place in the...

We study of the ideological balance of the legal academy and compare it to the ideology of the legal profession more broadly. To do so, we match professors listed in the Association of American Law Schools Directory of Law Teachers and lawyers listed in the Martindale-Hubbell directory to a...

The various doctrines of subject-matter jurisdiction represent some of the most important limitations on the powers of the federal judiciary, and the Supreme Court has repeatedly said that Article III standing, which enforces the Constitution's “case or controversy” requirement, is the most...

The First Amendment prohibits discrimination against religion. In a short time, mostly in cases challenging efforts to contain the Covid pandemic, the Supreme Court has transformed this familiar rule into new, more exacting doctrines that might exempt religious people from almost any law. This...