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The Constitution According to Justices Scalia and Thomas: Alive and Kickin’

The Constitutional Hall Pass: Rethinking the Gap in § 1983 Liability That Public Schools Have Enjoyed Since Deshaney

Red Tape Tightrope: Regulating Financial Conflicts of Interest in FDA Advisory Committees

The Equal Employment Opportunity Commission and Structural Reform of the American Workplace

The Anti-Bottleneck Principle in Employment Discrimination Law

State legislatures and the Equal Opportunity Employment Commission (EEOC) have moved in parallel in recent years to provide new protections for the employment prospects of some surprising groups: people who are unemployed, people who have poor credit, and people with past criminal convictions. These new protections confound our usual theories of what antidiscrimination law isContinue reading “The Anti-Bottleneck Principle in Employment Discrimination Law”

Corruption, Corporations, and the New Human Right

We should no longer expect the Alien Tort Statute to be the principal federal statute that deters overseas corporate rights violations. That distinction rightly belongs to the Foreign Corrupt Practices Act, an anti-bribery statute that rests on undisputed principles of corporate liability, contains a clear congressional statement of extraterritorial application, and routinely collects penalties fromContinue reading “Corruption, Corporations, and the New Human Right”