'Radwan v. Manuel' involves a rich legal playbook—First Amendment, Due Process, qualified immunity and sex discrimination—but leaves us in First Amendment stasis and a familiar qualified immunity ...

Condemning an entire faith and singling out its followers for disfavored and unequal treatment by the government violates the Constitution, it turns out. That principle might seem obvious to anyone ...

The duty of good faith and fair dealing is so important to commercial life that it is deemed an implied term in commercial agreements. Is something similar essential to the practice of constitutional ...

Originalism teaches only that the Constitution’s original meaning is fixed; meanwhile, of course, new applications of that meaning will arise with new developments and new technologies. Consider a few ...

The government may not threaten funding cuts as a tool to pressure recipients into suppressing First Amendment–protected speech. This piece originally appeared in The New York Review of Books. We ...

Both the liberals who advocate court-packing and the conservatives who advocate living common goodism have succumbed to the false notion that the nation should depend on the judiciary to resolve our ...

UC Berkeley School of Law Dean Erwin Chemerinsky co-launched “We Hold These Truths,” a project focused on public education of basic constitutional principles. Established July 4, the project was ...