Earlier today, I published a guest essay on economist Bryan Caplan's popular Bet On It substack, explaining how federal constitutional litigation can play a key role in expanding affordable housing by ...

It is part of the Yale Journal on Regulation Symposium on the 20th Anniversary of Kelo v. City of New London. Part I highlights the strikingly similar history of the two issues. In both cases, there ...

A Seattle-area elementary school again canceled Halloween celebrations. The principal called it “exclusionary” because not everyone celebrates the holiday. After torturing children with absurd and ...

“In the 2020 Census, the New York City metro area was found to be running just behind Milwaukee and Detroit as the third most segregated region of the country according to Black-white segregation data ...

In the recent Supreme Court case Herring v. United States, the majority determined that courts may not throw out evidence in cases where the police may have violated a suspect's Fourth Amendment ...

Critics of the exclusionary rule fail to acknowledge it has been substantially narrowed in recent decades. Though the rule originally applied to all illegal searches, the Supreme Court decided 25 ...

The Draft Guidelines set out the European Commission (EC)’s approach on exclusionary abuse by dominant undertakings. The EC is proposing a shift away from the effects-based approach set out in its ...

This article discusses the recent Appellate Division, Third Department decision in 'People v. Jones', where the court held that the exclusionary rule can be applied to a racially motivated traffic ...

The Supreme Court’s brisk opinion in Dahda v. United States awarded the government yet another exclusionary rule victory, this time in the context of a statutory provision rooted in the Omnibus Crime ...

SCOTUSblog has been running a series of essays on the future of the Supreme Court. Akhil Amar and I were asked to write on the future of the exclusionary rule. My essay, “Scalia’s absence may help ...