Category Archives: Featured

Recap: “Constitutional Hardball” — Mark Tushnet

AVERY FRIEDMAN—Professor Mark Tushnet coined the term “Constitutional Hardball” to define a series of actions that, while legal and within the bounds of our Constitution, overthrow traditions and norms for political gain. Many unwritten customs dictate processes of our government that the Constitution is silent on. Many long-term practices, such as the size of the […]

Recap: “The Unitary Executive & Its Critics” — Peter Shane

ELSA IANNOTTA—Peter Shane began his lecture by examining the unitary executive theory: the belief that Article II guarantees presidential control over the discretionary functions of the executive branch. Interpretations of the scope of presidential power vary widely, some argue the President controls officers who assist in executive functions, others claim the President can dictate how […]

Recap: “What is a Constitutional Crisis?” — Kim Lane Scheppele

KATIE BARKER—How does a democracy slip into an autocracy—and is the United States currently undergoing such a transformation? Professor Kim Lane Scheppele answered these critical questions in her guest lecture for the Constitutional Crisis Seminar, hosted by Professor A. Michael Froomkin, at the University of Miami School of Law. Professor Scheppele is the Laurance S. […]

Take It at Face Value: Court Approves Equity-Based Settlement in Clearview AI Facial Recognition Class Action

ITIEL WAINER—On March 20, 2025, a federal judge in the Northern District of Illinois approved an unconventional class action settlement that grants class members a 23% equity stake in Clearview AI, a facial recognition start-up the class sued over privacy harms, even though the company’s sucess hinges on those harms. Despite objections from a bipartisan […]

A Breakthrough or a Band-Aid? The House Settlement and the Future of College Athlete Compensation

AARON GLAS—College athletics have long been a massive source of revenue for universities and conferences, but the stars that you watch in March Madness or the Cotton Bowl have long been prohibited from sharing in that wealth by the NCAA’s rules regulating amateurism. Now, the settlement in House v. NCAA, a landmark pending class-action settlement […]