Does the United States only pay lip service to testamentary freedom? When compared to other countries, it does not appear that way. That is, by providing a substantial degree of testamentary freedom, the United States is actually in the minority
The professional standard for medical malpractice, traditionally set by custom, has come under scrutiny. The most common concern is that custom may not reflect actual best practices,1 and health care providers may be reluctant to adopt those newer, better
Who regulates the physical and informational risks of scientific research? Who makes sure that researchers keep intensely personal data secret, or lock their
In K-Sue Park’s Property and Sovereignty in America: A History of Title Registries & Jurisdictional Power, it is the near-invisible, mundane title registry that is at the center of the early American settlement and dispossession of indigenous landholders.Title registries are
Native people’s citizenship is in the news. In its attacks on birthright citizenship, the Trump administration argues that because “Indians in tribal relations” were not citizens under the original understanding of the Citizenship Clause, children of undocumented or temporarily present
Crisis claims, especially around disruptive technological innovation, tend to sell well, but are often overstated. This is true in general (the
There is a renewed wave of scholarship in constitutional law emphasising cooperation and trust rather than conflict and distrust. The latter, associated with American-style constitutionalism, has long dominated our imagination alongside American political and social supremacy, but it now seems
Can you imagine a better-timed piece of legal history than Alma Steingart’s insightful One Person, One Vote? The Gap between Representative Equity and Mathematical Equality after Baker v. Carr”? Published in the March 2026 issue of the Journal of American
In his rich and carefully argued book, Rights and Right-Holding: A Philosophical Investigation, Matthew Kramer seeks to articulate the essence of any entitlement (whether legal or moral) that can be classified as a right and the essence of an entity’s
In Do Nothing Preemption, Professor Lauren Roth takes on the legal thicket of preemption—the all-too-familiar hornet’s nest within the federalism-dominated landscape of health law. Roth’s project is particularly timely. Considering policy goals by the Trump administration as well as the
