Visible Policing: Technology, Transparency, and Democratic Control

Law enforcement has an opacity problem. Police use sophisticated technologies to monitor individuals, surveil communities, and predict behaviors in increasingly intrusive ways. But legal institutions have struggled to understand—let alone set limits on—new investigative methods and techniques for two major reasons. First, new surveillance technology tends to operate in opaque and unaccountable ways, augmenting police […]

Originality’s Other Path

Although the U.S. Supreme Court has famously spoken of a “historic kinship” between patent and copyright doctrine, the family resemblance is sometimes hard to see. One of the biggest differences between them today is how much ingenuity they require for earning protection. Obtaining a patent requires an invention so innovative that it would not have […]

Capital Controls as Migrant Controls

The disparate treatment of capital and labor reflects one of globalization’s central asymmetries: the law often allows financial capital, but not people, to move freely across borders. Yet scholars have largely neglected the intersection of these two regimes, the legal restrictions on migrants’ capital, particularly when the migrants themselves are deemed illegal. These restrictions on […]

The Law of Energy Exports

The fossil fuel industry has filed an increasing number of dormant Commerce Clause lawsuits against coastal states and cities that have rejected proposals for new coal and oil export facilities in their jurisdictions. These lawsuits are creating a wholly new “law of energy exports” that to date has been underexplored in the academic literature, even […]

Terrorism and the Inherent Right to Self-Defense in Immigration Law

The Immigration and Nationality Act (INA) deems an individual inadmissible to the United States for having engaged in terrorist activity. Both “engaged in terrorist activity” and “terrorist activity” are terms of art that are broadly defined under the INA to include activity that courts, scholars, and advocates agree stretches the definition of terrorism. An individual […]

Hiding Homelessness: The Transcarceration of Homelessness

Cities throughout the country respond to homelessness with laws that persecute people for surviving in public spaces, even when unsheltered people lack a reasonable alternative. This widespread practice—the criminalization of homelessness—processes vulnerable people through the criminal justice system with damaging results. But recently, from the epicenter of the homelessness crisis along the West Coast, the […]

The Big Data Regulator, Rebooted: Why and How the FDA Can and Should Disclose Confidential Data on Prescription Drugs and Vaccines

Medicines and vaccines are complex products, and it is often extraordinarily difficult to know whether they help or hurt. The Food and Drug Administration (FDA) holds an enormous reservoir of data that sheds light on that precise question, yet currently releases only a trickle to researchers, doctors, and patients. Recent examples show that data secrecy […]

(Not) Just Surrogacy

Scholars have long debated whether surrogacy furthers or inhibits equality and reproductive liberty. What has gone almost entirely unremarked upon, however, is whether and to what extent the ways U.S. jurisdictions regulate surrogacy further these principles. This oversight is produced and re-produced by existing scholarship that focuses on the threshold question of whether to ban […]

Decolonizing Indigenous Migration

In this Article, we argue that accounting for the experience of Indigenous Peoples in the creation and regulation of borders is critical to advancing a human rights approach to migration and to addressing the legacies of conquest and colonization that undergird nation-state territorial sovereignty. By focusing on the unique situation of Indigenous Peoples, this Article […]