Booker Rules
In United States v. Booker, the Supreme Court excised two provisions of the Sentencing Reform Act of 1984 (SRA) that… Continue reading →
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Proportionality and Parole
Commentators analyzing the Supreme Court’s watershed decision in Graham v. Florida, which prohibited sentences of life without parole for juveniles… Continue reading →
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The New Civil Death: Rethinking Punishment in the Era of Mass Conviction
Borrowing from its English forebears, the United States once had a form of punishment called civil death. Civil death extinguished… Continue reading →
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Why Proportionality Matters
The Supreme Court decided recently in Graham v. Florida that the Eighth Amendment prohibits a sentence of life in prison… Continue reading →
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Governance Property
Is property a black box? Is it best understood in terms of the relationship between owners and nonowners, without regard… Continue reading →
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Quasi-Property: Like, But Not Quite Property
Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property… Continue reading →
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Congress’s Constitution
Congress has significantly more constitutional power than we are accustomed to seeing it exercise. By failing to make effective use… Continue reading →
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Prison Vouchers
School vouchers have been proposed as a way to bypass the political pathologies of school reform and improve school quality… Continue reading →
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When 10 Trials Are Better than 1000: An Evidentiary Perspective on Trial Sampling
In many mass tort cases, individual trials are simply impractical. Take, for example, Wal-Mart Stores, Inc. v. Dukes, a class… Continue reading →
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Triaging Appointed-Counsel Funding and Pro Se Access to Justice
If appointing some lawyers is good, then appointing more lawyers must be better. At least that seems to be the… Continue reading →