T.L.O. Goes Home
The Supreme Court has not addressed the relationship between searches by school administrators and a student’s Fourth Amendment rights in… Continue reading →
Issue 4
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Private Equity, Conflicts, and Chapter 11
Private equity has become a dominant force in distressed investing and Chapter 11 corporate reorganization. As a result, three new… Continue reading →
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Arbitration’s Unraveling
It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that… Continue reading →
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The Failed Promise of Installment Fines
In the 1970s, the Supreme Court prohibited the then-common practice of incarcerating criminal defendants because they lacked the money to… Continue reading →
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Outcome Reasons and Process Reasons in Normative Constitutional Theory
Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that… Continue reading →