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 ...

'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 ...

The study of the Constitution is, for many, one of the most fascinating parts of law school. Understanding the Constitution and the debates that surround its interpretation is central to a wide range ...

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 ...

Two hundred and fifty years after Americans declared independence from Britain and began writing the first state constitutions, it’s not the Constitution that’s dead. It’s the idea of amending it.