This Essay offers a revisionist account of the Slaughter-House Cases. It argues that the opinion’s primary significance lies not in its gutting of the Privileges or Immunities Clause but in its omission of a people’s archive of slavery.
Decades before the decision, Black abolitionists began compiling the testimonies of refugees who had fled slavery. By 1872, this archival practice had produced a published record of Black struggle and...
Judicial clerkships are typically described in the rosiest of terms—as fostering lifelong mentor-mentee relationships between judges and clerks and conferring only professional benefits. The downsides of clerking are rarely discussed. The clerkship application process is opaque. Little information exists to help law students identify positive work environments and avoid judges who mistreat their clerks. The secretive, fear-infused method of information-sharing...
Kent Greenawalt was my colleague and friend for half a century. Over those years, we shared responsibility both for students at the beginning of their legal studies and for candidates for the doctoral degree. The course in Legal Methods, while we each taught it, was an intensive three-week, thirty-nine class hour introduction to legal […]
In their sunnier moments, law professors sometimes say there is no tension between being a great teacher and being a great scholar—that they are actually complementary. There’s little strong evidence to support this claim. But they like to say it anyway. Kent Greenawalt was indeed an excellent scholar and a great teacher. But I […]
Professor Kent Greenawalt was a kind and exceedingly thoughtful man. To sketch out the life he led is to reflect on the nature of those virtues, for the traits I have mentioned were connected with one another. His thoughtfulness was conveyed in the gentlemanly quality of his personal and collegial interactions. He always cared […]
Every state has a set of transparency statutes that bind state and local governments. In theory, these statutes apply with equal force to every agency. Yet, in practice, law enforcement agencies enjoy a wide variety of unique secrecy protections denied to other government entities. Legislators write police-specific exemptions into public records laws. Judges develop procedural approaches that they apply exclusively to police and prosecutorial records....
Amending the federal Constitution has been instrumental in creating and developing the North American constitutional project. The difficult process embedded in Article V has been used by “The People” to expand rights and democracy, fix procedural deficiencies, and even overturn Supreme Court precedent. Yet, it is no secret that the amendment process has fallen to the wayside and that a constitutional amendment in our present age of extreme...
For decades, corporate law scholars insisted on a simple division of responsibilities. Corporations were told to focus exclusively on maximizing financial returns to shareholders while the government tended to all other concerns by adopting new regulations. As reformers challenged this orthodoxy by urging corporations to take action on pressing social problems, defenders of the status quo have responded by suggesting that these efforts could be...
The federal government relies on private parties to deter and enforce fraud with the False Claims Act (FCA). Unlike practically every other federal law on the books today, the FCA not only empowers the Department of Justice to go after fraudsters, but it also enlists everyone else by promising a financial reward to individuals who bring claims on behalf of the government. This qui tam enforcement regime is based on the rationale that encouraging...
It has become common to oppose the equal citizenship of transgender persons by appealing to the welfare of cisgender women and girls. Such Cis-Woman-Protective (CWP) arguments have driven exclusionary efforts in an array of contexts, including restrooms, sports, college admissions, and antidiscrimination law coverage. Remarkably, however, this unique brand of anti-trans contentions has largely escaped being historicized, linked together, or subjected...