Litigation Finance in the Market Square
Suneal Bedi* & William C. Marra†
Litigation finance is the subject of a contentious scholarly and policy debate. Litigation funders provide capital to litigants or law
A New Look at Old Money
Miranda Perry Fleischer*
Taxing wealth—including inherited wealth—is a hot topic, making headlines and generating heated debate. Should millionaires and billionaires face an annual
Major Questions Avoidance and Anti-Avoidance
Daniel J. Hemel*
In recent years, the Supreme Court has articulated a new “major questions” doctrine that prescribes a heightened standard of judicial
The Supervisory Power of State Supreme Courts
Adam B. Sopko*
State supreme courts are currently center stage as they face some of the most important issues of our time. But
Respecting Listeners’ Autonomy: The Right to be Left Alone
Ashutosh Bhagwat*
Introduction The core of First Amendment free speech doctrine concerns the right of speakers to convey the message of their
Listening on Campus: Academic Freedom and Its Audiences
Joseph Blocher*
Introduction Current debates about campus speech often conflate two related but importantly distinct values: free speech and academic freedom. Both
First Amendment Governance: Social Media, Power, and a Well-Functioning Speech Environment
Yasmin Dawood*
Introduction In Moody v. NetChoice, LLC, the Supreme Court declared, in a majority opinion by Justice Kagan, that “it is
Listeners’ Choices Online
James Grimmelmann*
The most useful way to think about online speech intermediaries is structurally: a platform’s First Amendment treatment should depend on
Islands of Algorithmic Integrity: Imagining a Democratic Digital Public Sphere
Aziz Z. Huq*
Introduction A class of digitally mediated online platforms play a growing role as the primary sources of Americans’ knowledge about
In the Name of Accountability
Heidi Kitrosser*
Introduction The Supreme Court has increasingly embraced legal doctrines that empower elected officials to hide politically inconvenient information and ideas
Fear and Free Speech
Helen Norton*
INTRODUCTION Fear changes lives. And for this reason, fear sometimes changes the law. Because of fear’s debilitating effects, the law
Remarks on Academic Freedom and Free Speech: Reflections on Blocher
Rebecca L. Brown*
Joseph Blocher’s article is a rich contribution to our thinking about campus speech. It takes the academic endeavor seriously—both for
Towards Defensible Judge-Made Democratic Process
Jacob Eisler*
October 2025
What is the function of judicial review? By the stated lights of Article III (“cases” and “controversies”), to individual judges resolving cases, and to litigants asserting they have suffered an injustice, courts must fairly resolve particular disputes. Yet thanks to
The Care Act: A System of Coercion Masquerading as One of Compassion
Julia Beauchemin*
September 2025
Against the bleak backdrop of a cold November afternoon in San Francisco, Erica Stone faces a heart-wrenching dilemma. Her twenty-eight-year-old daughter, Monica, has been battling schizophrenia-induced psychosis since she was sixteen. Homeless and living just north of Market Street, Monica
Reviving Public Nuisance as a Vehicle for Reducing Gun Violence
Jackson Kushner*
May 2025
This Note defends the viability of state public nuisance statutes that seek to hold gun industry members liable for gun violence. This goal is based on a least cost avoider theory: gun industry members are in the best position to
Liberty Before Party: The Courts as Transpartisan Defenders of Freedom
Yunsieg P. Kim*
May 2025
Like many legislative acts in the United States, election laws are subject to judicial review, often by unelected judges with life tenure. This precipitates what Jacob Eisler calls the counterpopular dilemma. If the laws governing self-rule are dictated by courts
