Marriage is, and continues to be, a reactive institution. Although theorigins of marriage date back over 6000 years, the marital… Continue reading →
A Batson violation—racially discriminatory jury selection—is a structural error,“not amenable” to harmless error review on direct appeal. By definition, structuralerrors… Continue reading →
In its ideal form, arbitrariness review is an instrument for promoting“deliberative democracy”—a system that combines reason-giving with politicalaccountability. Under arbitrariness… Continue reading →
The jurisprudential evolution of evidence law is dead. At least, that’s whatwe’re expected to believe. After all, it’s been forty-seven… Continue reading →
In contemporary rights jurisprudence and theory, the Fourteenth Amendment andthe Federal Bill of Rights are most frequently conceptualized as bulwarks… Continue reading →