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 →
Essay
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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 →
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Some Friendly Suggestions for the Federal Judiciary About Accountability
The University of Pennsylvania Law Review Online presents the fourth installment of “Independent and Accountable Courts in Perilous Times: Perspectives from the… Continue reading →
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Liquidated Damages or Human Trafficking? How a Recent Eastern District of New York Decision Could Impact the Nationwide Nursing Shortage
U.S. healthcare facilities have been recruiting foreign-educated nurses for several decades, but a recent Eastern District of New York (E.D.N.Y.)… Continue reading →
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What Taylor Swift and Beyoncé Teach us About Sex and Causes
One of the most anticipated decisions of this term will be the three consolidated cases pending in front of the… Continue reading →
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Lone Pine Orders: A Critical Examination and Empirical Evaluation
Invented in 1986 and now a prominent feature of the mass tort landscape, Lone Pine orders require plaintiffs to provide to the… Continue reading →
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Making Heads or Tails of Judicial Independence: a Response to Professor Burbank
The University of Pennsylvania Law Review Online presents the third installment of “Independent and Accountable Courts in Perilous Times: Perspectives from the… Continue reading →
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Sentencing: A Role for Empathy
Is empathy an important trait for a judge? Is there a role for empathy in the law? What about the… Continue reading →
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On Competence, Legitimacy, and Proportionality
I asked Justice Aharon Barak, then president of the Israeli Supreme Court, why he considered himself competent to decide where… Continue reading →