Introduction Exclusionary zoning has emerged as a major political and legal issue. A broad, cross-ideological array of economists and land-use scholars have concluded that it is responsible for massive housing shortages in many parts of the United States, and that it cuts off millions of people—particularly the poor and minorities—from economic and social opportunities.[1] In […] Continue Reading >
Realism, Formalism, and Personal Jurisdiction: Due Process After Mallory and Ford Motor
Realism, Formalism, and Personal Jurisdiction: Due Process After Mallory and Ford Motor
Introduction Students of the law of judicial jurisdiction have often contrasted the rule-based formalism of the Pennoyer v. Neff[1] regime with the functional balancing of interests that began with the decision in International Shoe Co. v. Washington.[2] On this standard account, Pennoyer relied on a series of territorial rules largely drawn from the public […] Continue Reading >
Bostock and the Forgotten EEOC
The Constitutional Case Against Exclusionary Zoning
Introduction On June 15, 2020, the Supreme Court issued a historic opinion. In Bostock v. Clayton County, Georgia,[1] the Supreme Court formally recognized that federal discrimination law prohibits discrimination based on sexual orientation and gender identity.[2] The Supreme Court barely mentioned the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing federal discrimination […] Continue Reading >
Realism, Formalism, and Personal Jurisdiction: Due Process After Mallory and Ford Motor
Standing in Texas: Exploring Standing Under the Original Meaning of the Texas Constitution
Introduction The federal doctrine of standing receives considerable attention. Standing regularly plays an important role in some of the most politically fraught cases before the United States Supreme Court. Just this term, the Supreme Court decided that a challenge to the FDA’s loosening of regulations of mifepristone, a popular abortifacient drug, could not proceed because […] Continue Reading >
Procedural Due Process and the Improper Expert Opinions of Court-Appointed Special Advocates
Introduction A court-appointed special advocate, commonly referred to as a “CASA,” walked into the home of a family just separated by Child Protective Services to begin a formal investigation.[1] She took out her notebook and began her observations. She walked around the house, peered into the children’s room, and formed conclusions for the judge about […] Continue Reading >