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 →
The Supreme Court decided recently in Graham v. Florida that the Eighth Amendment prohibits a sentence of life in prison… Continue reading →
Is property a black box? Is it best understood in terms of the relationship between owners and nonowners, without regard… Continue reading →
Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property… Continue reading →
After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the… Continue reading →
A bridge stretching only three-quarters of the distance across a chasm is useless, while a bridge that is longer than… Continue reading →
In recent years, many Western governments and organizations have pressed developing nations to build robust private property institutions and have… Continue reading →
The threshold question for all originalist methodologies concerns the original communicative content of the words of the Constitution. For too… Continue reading →
Property theorists typically conceptualize property as a strict liability regime. Blackstone characterized property as “that sole and despotic dominion which… Continue reading →
Among all of the contentious debates in education policy, perhaps none is as divisive as the one over private school… Continue reading →
Scholars and experts generally agree that rigorous enforcement of internal regulations within a police department promotes constitutional policing by deterring… Continue reading →