The Misunderstood Eleventh Amendment
The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the… Continue reading →
Search results for: “Article”
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Retributive Expungement
Expungement relief was introduced in the mid-twentieth century to reward and incentivize rehabilitation for arrestees and ex-offenders and to protect… Continue reading →
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Disaggregating the Policing Function
Policing imposes serious and extensive harms, from shootings and nonlethal uses of force, to stops, searches, arrests, and incarceration. And… Continue reading →
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Missing Decisions
Significant numbers of federal appellate decisions are missing from Westlaw and Lexis. Bloomberg Law has similar, and similarly incomplete, coverage.… Continue reading →
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War Torts: Accountability for Autonomous Weapons
Unlike conventional weapons or remotely operated drones, autonomous weapon systems can independently select and engage targets. As a result, they… Continue reading →
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The Minor Questions Doctrine
Few aspects of administrative law are as controversial as the major questions doctrine—the exception to Chevron deference that bars courts… Continue reading →
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The Supreme Court as Bad Teacher
Since the 1950s, prominent constitutional law professors have often invoked the notion that the Supreme Court acts as an educational institution… Continue reading →