The Sixth Amendment Facade: The Racial Evolution of the Right To Counsel
One of the most perilous pitfalls of constitutional criminal procedure scholarship is the inexact treatment of race vis‐a‐vis the Sixth… Continue reading →
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Ancillary Rights
Many constitutional rights would be useless if certain conduct ancillary to those rights was not also protected. The Second Amendment… Continue reading →
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Estimation Evidence
This Article radically rethinks the treatment of statistical estimation evidence in civil litigation, focusing for convenience on the federal courts.… Continue reading →
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Bureaucracy at the Boundary
The traditional view of the federal administrative state imagines a bureaucracy consisting entirely of executive agencies under the control of… Continue reading →
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Government Misinformation Platforms
There is a harmful mismatch between how information published by the government is perceived—as highly trustworthy—and the reality that it… Continue reading →
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The Sum is More Public Domain than its Parts?: US Copyright Protection for Works of Applied Art Under Star Athletica’s Imagination Test
In Star Athletica v. Varsity Brands, the Supreme Court granted certiorari to resolve confusion in the lower courts regarding the… Continue reading →
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Conflicts of Law and the Abortion War Between the States
On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme… Continue reading →
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National Parks, Incorporated
Public lands and private enterprise exist in an uncomfortable equilibrium. Since their founding, the national parks have embraced some forms… Continue reading →
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Nine Takes on Indeterminacy, With Special Emphasis on the Criminal Law
The claim that legal disputes have no determinate answer is an old one. The worry is one that assails every… Continue reading →