“In Whom Is the Right of Suffrage?” The Reconstruction Acts as Sources of Constitutional Meaning
The Civil War ended in the spring of 1865 and attention promptly turned to escalating the process of reconstructing the… Continue reading →
Essay
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Problems with Pinkerton Liability in the Juvenile Context: A Case Study of Pennsylvania
Choose your friends wisely, or your co-conspirators anyway. So warned the U.S. Supreme Court, albeit implicitly, in Pinkerton v. United… Continue reading →
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The Radical-Incremental Change Debate, Racial Justice, and the Political Economy of Teachers’ Choice
Radical or incremental change? In this profound moment of racial reckoning, that is the fundamental question that divides those within… Continue reading →
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Race, Reckoning, Reform, and the Limits of the Law of Democracy
It is a moment of racial reckoning. It is not the first, it will not be the last, and it… Continue reading →
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A Personal Essay
History books will have much to say about the year 2020. Many stories will focus on the global battle against COVID-19.… Continue reading →
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Muted Justice
The Chief Justice of the United States possesses significant power. His position as the senior-most Justice on the U.S. Supreme… Continue reading →
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Precedent on Precedent
In the recent case of Ramos v. Louisiana, the U.S. Supreme Court held that the “Sixth Amendment right to a jury… Continue reading →
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Delegation to Nonexperts
The ambitious policy goals we set for our governments demand that they develop a great deal of expertise. We want… Continue reading →
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Of Death and Delusion: What Survives Kahler V. Kansas?
Mental illness is not a crime. That fundamental proposition is threatened by the Supreme Court’s recent decision in Kahler v. Kansas,… Continue reading →
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“Terroristic Threats” and COVID-19: A Guide for the Perplexed
The first few months of the COVID-19 outbreak in the United States saw the rise of a troubling sort of… Continue reading →