Abstract: We are witnessing a sweeping transformation of administrative law. The Supreme Court has taken aim at what it believes is a constitutional error: the power of the administrative state. All parts of the so-called “fourth branch of government” are undergoing shifts in the legal doctrines governing their structure. For those in favor of a strong administrative state, most of the Court’s new approach to agency action may represent a sinister effort to prevent the making

Abstract: A robust and extensive body of empirical research, and a rich historical record, documents a recurring and pervasive influence of race in the application of California’s death penalty. This article reviews the legal and social science research to document multiple paths through which institutions and processes produce these racial disparities over many decisions in many cases across four decades. The article reviews relevant literature by decision, institution, or a

Abstract: This Article examines a paradox in contemporary constitutional law: While constitutional rights traditionally protect minorities against majority preferences, the Supreme Court has increasingly enabled certain private actors to override others’ constitutionally protected family formation choices through what this Article calls “private regulation.” The Court’s decisions allow individual private actors to impose traditional religious and moral views on others who do