In this Essay, I discuss the relationship between religion and government in the contemporary United States, addressing the period from the 1940s to the present. In so doing, I explore questions of religious liberty, including the protection of religious “free exercise” as well as the...

Multiculturalism has many aspects and broad ramifications. To begin with multiculturalism is an empirical and sociological fact. Multiple cultures exist and these are superimposed upon multiple national states in ever changing ways. These different cultures develop, interact and at times...

Knowledge management (“KM”) teams in large law firms have new internal customers: the managers of the firms, the finders who are generating new business, the marketing chairs who are positioning the firms and the finance directors who are struggling to price the professional services of the...

Judges and legal aid lawyers have been the slowest segments of the legal profession to adopt technology innovations. Interestingly, another commonality between them is that neither segment needs to impress current clients or do marketing to keep fully employed. For legal aid lawyers, the number...

The civil justice system is failing the poor, and law schools are failing their students. Despite these shortcomings, there are only a handful of law school courses and clinical opportunities where law students can learn the skills needed to thrive in today's technology-driven law practice — a...

Michael Bloomberg leaves the mayoralty of New York City, with his health legacy is bitterly contested. The public health community views him as an urban innovator — a rare political and business leader willing to fight for a built environment conducive to healthier, safer lifestyles. To his...

Italy changed its debt contracts, Belize passed new debt legislation, and Taiwan sued Grenada this year, all in response to a string of court rulings in New York that tried to make Argentina pay its debts from its financial crisis in 2001. The court rulings have gone to unprecedented lengths to...

English administrative law is unusual in the common law world for its embrace of the doctrine of substantive legitimate expectations. However, while that doctrine is now an accepted — if not yet fully settled — part of the administrative law landscape in England, it is only 20 years since it...

This working paper is the precursor to a chapter I am writing for an edited collection on substantive judicial review. In this working paper, I argue against the two dominant schools of thought in this area, according to which substantive review is either bifurcated (by reference to the...