Constitutional Law

Choosing Between Guns and the Environment

Expert explores how a Florida law insulates firing ranges from state and local environmental actions.

Elections Have Consequences, on Future Elections

The Supreme Court’s approval of Ohio’s voting roll purge will limit voter turnout in future elections.

Inconsistent Views on Waiving Rights in Employment

The Court has set two different standards for when employees can waive their workplace rights.

Is There Any Role Left for Federal Regulation of Sports Wagering?

Despite a watershed ruling, the gaming industry must still contend with onerous and redundant state oversight.

The Implications of the Supreme Court’s Wayfair Decision

In overruling a key barrier to states taxing Internet sales, the Court raises questions for future litigation.

Jennings v. Rodriguez in an Era of Mass Incarceration of Non-Citizens

Uncertainty remains surrounding the fate of non-citizens seeking a home in the United States.

Right-to-Work Reaches Public Unions

Court holds that agency fees are compelled speech prohibited by the First Amendment.

Measuring Bias in the Administration of Justice

While skirting the First Amendment, the Court set a potentially far-reaching standard for finding bias.

Lucia Turns Out to Be Much Ado About Nothing

The Court’s decision about administrative judges skirts major separation of powers questions.

Federalism Comes Out as the Winner in Murphy v. NCAA

The Supreme Court’s ruling on sports betting has broad implications for anti-commandeering issues.

Continuing to Trade One Form of Discrimination for Another

The Supreme Court again decries one form of discrimination while upholding another.

The Supreme Court’s 2018 Regulatory Term

Analysts offer insights about the Court’s most important regulatory decisions of the past term.