Some Realism About Criminal Justice Localism
The American criminal justice system is, by any conceivable measure, highly decentralized—with thousands of local police departments, local prosecutors’ offices,… Continue reading →
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Lessons in Climate Derisking: The United States’ Failed Nuclear Renaissance
Ameliorating climate change depends centrally upon transforming the energy system to run on clean energy. In turn, this transformation requires… Continue reading →
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Control and its Discontents
A series of recent Delaware decisions highlights the Delaware courts’ growing skepticism toward corporate actions in controlled companies. We analyze… Continue reading →
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Absolute Priority, Relative Priority, and Valuation Uncertainty in Bankruptcy
Bankruptcy reformers advocate substituting relative priority for the prevailing absolute priority standard to promote a more consensual restructuring process. In… Continue reading →
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What is Habeas?
The debate about post-conviction habeas for state prisoners is long-running, heated, and conceptually hazy. A majority of the Court is… Continue reading →
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Constitutional Theory and the Problem of Disagreement
For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on… Continue reading →
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Governing by Assignment
Although expertise is a pillar of public administration and administrative law, the government is increasingly missing experts. The U.S. federal… Continue reading →
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The Past and Persistence of Private Prosecution
Criminal law is typically understood as the exclusive province of the government. Conventional wisdom holds that crime harms the public… Continue reading →
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“Mistakes” In War
In 2015, the United States military struck a hospital in Afghanistan run by Médecins Sans Frontières, killing forty-two staff and… Continue reading →
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(Sub)Delegating National Security Powers
The President sometimes delegates important constitutional and statutory powers to use force or conduct other national security operations. Although these… Continue reading →