Avoiding the Prisoner’s Dilemma: Refining the Bruton Rule to Resolve the Split Over Neutral Term Substitution
Imagine three men—Alex, Brian, and Chris—who rob and kill a young woman in the parking lot of a Pennsylvania shopping… Continue reading →
Issue 1
-
-
Auditing Algorithms for Discrimination
As reliance on algorithmic decisionmaking expands, concerns are growing about the potential for arbitrary, unfair, or discriminatory outcomes in areas… Continue reading →
-
The Unicorn Governance Trap
This Essay highlights emerging governance problems presented by persistent Unicorns. It argues that recent market trends and deregulatory reforms have… Continue reading →
-
Fit to Play in the NBA? Reconciling the Collective Bargaining Agreement with the Americans with Disabilities Act
In this Essay, we assert that, despite what is written in the collective bargaining agreement (CBA), NBA players should—and in… Continue reading →
-
Nondelegation Doctrine in Comparative Context: Britain’s Great Repeal Bill and the Shadow of Henry VIII
In their recent article, Keith Whittington and Jason Iuliano marshal considerable evidence for the proposition that the nondelegation doctrine is… Continue reading →
-
Discovering Third-Party Funding in Class Actions: A Proposal for In Camera Review
Third‐party funding increasingly is a feature of litigation in the United States. One of the issues raised by third‐party litigation… Continue reading →
-
Penn Central Squared: What the Many Factors of Murr v. Wisconsin Mean for Property Federalism
On June 23, 2017, the Supreme Court’s 5–3 decision in Murr v. Wisconsin provided some long‐awaited guidance for courts to… Continue reading →
-
Contextualizing Shadow Conversations
In Legislating in the Shadows, Professor Walker has deftly presented one side of the drafting conversation that occurs between agency… Continue reading →
-
Measuring Partisan Fairness: How Well Does the Efficiency Gap Guard Against Sophisticated as well as Simple-Minded Modes of Partisan Discrimination?
The efficiency gap has recently been touted as a general partisan fairness measure with the ability to “neatly slice the… Continue reading →
-
The One‐In, Two‐Out Executive Order Is a Zero
On January 30, 2017, President Donald J. Trump signed Executive Order 13,771, which directs each agency to repeal at least… Continue reading →