At the core of U.S. trade law is an under-studied structural dichotomy. On the one hand, well-established statutory authorities enable the President to eliminate trade barriers through negotiations with U.S. trading partners. On the other hand, different, lesser-known authorities allow the President to erect trade barriers on an exceptional basis where necessary for U.S. economic…
In the last several decades, individuals have advanced civil rights claims that rely on the language of medicine. This Article is the first to define and defend these “medical civil rights” as a unified phenomenon. Individuals have increasingly used the language of medicine to seek rights and benefits, often for conditions that would not have…
Important recent scholarship has come to question the origins and legitimacy of the Ex parte Young proceeding, a cornerstone of modern constitutional litigation. Deploying a historically inflected methodology that we call equitable originalism, scholars and jurists have sought to confine federal equity power to the forms of equitable intervention common in the English High Court…
States are increasingly responding to local governments’ actions with preemptive legislation. Scholars have tracked this trend through detailed examinations of laws preempting a variety of local government regulations. This Article analyzes a distinct instantiation of state preemption: states’ preemption of local governments’ structural authority, which we term “structural preemption.” Structural authority refers to the autonomy…
Recent years have seen many high-profile cases involving enforcement of civil rights laws against religious groups who claim that they have been unfairly targeted. It is a basic principle of constitutional law that disparate enforcement of the law against a disfavored group—whether those of a particular race, religion, sex, ethnicity, or viewpoint—is problematic. In the…
