Access to Counsel, Res Judicata, and the Future of Habeas at Guantanamo
As Professor Andrew Kent explains, the recent litigation over whether noncitizens detained at Guantanamo have a continuing right of access… Continue reading →
Response
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It’s Not Triage if the Patient Bleeds Out
In their article, Triaging Appointed‐Counsel Funding and Pro Se Access to Justice, Professors Benjamin Barton and Stephanos Bibas argue not… Continue reading →
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What Kind of Discrimination Does the Voting Rights Act Target?
In Volume 160 of the University of Pennsylvania Law Review, I present an interpretive reconstruction of the Voting Rights Act's… Continue reading →
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Custom, Codification, and the Verdict of History
In a terrific new article, Professor Timothy Meyer challenges this exalted view of codification, which numerous scholars since Oppenheim have… Continue reading →
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One Market We Do Not Need
Professor Volokh is right that American prisons are considered to be “low quality,” and that they suffer from “high violence… Continue reading →
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Communications, Technology, and Present Sense Impressions
I was honored to be asked to respond to Professor Bellin's insightful article, Facebook, Twitter, and the Uncertain Future of… Continue reading →
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Section 2 is Dead: Long Live Section 2
Voting rights law is in the midst of an existential crisis. The Voting Rights Act (VRA) is probably the most… Continue reading →
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Justice Kennedy to the Rescue?
Section 2 of the Voting Rights Act is a doctrinal mess. Through a totality of circumstances inquiry, Section 2 has… Continue reading →
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Securities Class Action as Public Law
The Political Economy of Fraud on the Market provides a wide-ranging criticism of and thoughtful reforms for securities class actions….However,… Continue reading →
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Fraud on the Market: An Action Without a Cause
In this Response, I do not disagree with any of the core points made in The Political Economy of Fraud… Continue reading →