"This Article argues for a constitutional response to one of the worst structural harms of the criminal legal system: the perpetuation of racial subordination. Through an examination of the history, structure, jurisprudence, and theory of both Amendments, the Article concludes that an Antisubordination Eighth Amendment is both possible and necessary to address the systemic racism of the criminal legal system. Because criminal punishment perpetuates and entrenches America's racial caste system, courts must strictly scrutinize punishments that disproportionately impact Black people and other historically subordinated groups."

"The 21st century has been a bleak one for proponents of collective litigation. The hegemonic rise of class-banning arbitration provisions has thwarted workers and consumers across the legal landscape, as the FAA has grown into a super-statute, frozen in a 1920’s conception of individual claiming."

"In this Article, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment — a vehicle for redistributing power and privilege. We examine this redistributive theory of punishment via a series of case studies: police violence, economic crimes, hate crimes and crimes of gender subordination. 

“Title theft is nevertheless devastating for victims, many of whom do not have the knowledge or resources to vindicate their legal rights.  For the legal system, the challenges are reducing the risk of title theft and spreading the cost of whatever risk remains.  This article explores those challenges.”

"The long-accepted history of the federal deportation arrest scheme has been essential to its preservation, undergirding and insulating an enforcement regime that diverges dramatically from otherwise foundational arrest constraints. Yet a closer look at this history contradicts the notion that our modern scheme was historically sanctioned, offers important insight as courts confront new challenges to the constitutional validity of these arrests, and provides robust historical support for calls to fundamentally transform the deportation arrest system."

“For over a decade, scholars have posited that relationships can be designed in a way that naturally promotes innovation. By “braiding” certain formal contracting practices with informal enforcement norms, parties develop a framework that supports trust and positive, long-term collaboration. This Article takes on this longstanding consensus and shows how braiding can stifle innovation.”

"Stategraft captures an important aspect of the injustice within fees-and-fines systems. But as the movement to address these injustices matures, a broader framework is likely to have greater utility as both a mobilization tool and a foundation to encourage comprehensive policy reform. This framework is all the more needed given that the rightward tilt of the federal courts has made arguments for expansive readings of illegality more difficult to assert."

"By funneling onslaught litigation into bankruptcy, corporate defendants use chapter 11 to deny people the ability to participate in the justice process and to hurriedly shut down the truth telling and concomitant public airing that can come from that process. This Article shows how the reorganization process has been twisted to resolve onslaught litigation such that now its use is largely inappropriate."

"International human rights law prohibits slavery and the slave trade, but states are rarely held accountable. International human rights law advocacy neglects slavery and the slave trade in part because abolition marginalized the human rights of enslaved persons while consolidating empire. Today, the United States has doubled down on these imperial interventionist strategies, rebranding human trafficking as “modern slavery” and focusing enforcement on policing international borders and prosecuting perpetrators. Thus, human rights advocates should press international legal institutions to go beyond combatting human trafficking crimes and to focus additionally on state accountability for wrongs done to the human beings still exploited, enslaved, and slave traded today."

"The buzz surrounding the Metaverse has been growing steadily for the past couple of years, but the tax implications of this novel ecosystem remain fuzzy to most tax scholars. Such uncertainty is concerning, given the potential and momentum of this emerging technology. Although the Metaverse evolved from online video games focused only on user consumption, it now allows users to produce income and accumulate wealth entirely within the Metaverse. Current law seems to defer taxation of such until a realization or cash-out event. This paper challenges this approach."

"Consent decrees are, after all, settlements that both the government and the party accused of violating an antitrust law must agree to. They are arrived at after both parties have viewed the available evidence and made a determination that governance by decree—one that may be sunset, of course, but perhaps not for many decades—is preferable to other possible outcomes (a blocked merger, divestiture, asset sales).358 They often do not generate headlines; they work behind the scenes. Some may even say our proposal is to make copyright and antitrust “boring” again.359 The chicken breast on the menu is seldom the star. But at the very least, it deserves a place amongst the panoply of options."

"Sidewalks are critical public resources. Unique among public spaces, sidewalks are home to an incredibly wide array of users and uses, all of which contact and conflict with one another in numerous ways. Sometimes these encounters enhance the users’ experiences and produce happy collaborations; often, they detract from those experiences and risk producing a chaos that degrades the space for everyone. Management and coordination are sorely needed."

University Professor of Law and Comparative Democracy Michel Rosenfeld examines liberal constitutions under attack around the world in his latest work, which was published by Oxford University Press in 2022. 

"NHTSA should use its investigative powers to monitor new technology as it comes to market. If a new automation system has a positive net impact on safety, NHTSA should let the experiment continue. If it creates unreasonable risks, NHTSA should tell the developer to go back to the lab and design safer software. Developers should learn that the easiest way to avoid regulation is to prioritize safety in development. In that way, NHTSA can finally realize its mission to channel the creative energies and vast technology of the automobile industry into a vigorous and competitive effort to improve the safety of vehicles."

"Innovation is a form of civic religion in the United States. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny vision of innovation as purely beneficial is mistaken. Some innovations, like the polio and Covid-19 vaccines, are unquestionably good for society. But many innovations are, on balance, neutral, and many more are simply bad for society (e.g., cigarette additives, worker surveillance, firearm bump stocks). This Article argues that a fuller conception of innovation’s costs and benefits counsels a radical reorientation of innovation law and policy."