Judicial Recusal and the Court
Later this month, all nine justices will be hearing oral argument on the constitutionality of the Patient Protection and Affordable… Continue reading →
Volume 160 (2011-2012)
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America Invents, More or Less?
In September 2011, President Obama signed the most significant patent law overhaul in decades, the America Invents Act. The central… Continue reading →
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Climate Change and the Courts
In Climate Change and the Courts, Professors Jason S. Johnston and Heidi M. Hurd debate whether there should be a… Continue reading →
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Booker Rules
In United States v. Booker, the Supreme Court excised two provisions of the Sentencing Reform Act of 1984 (SRA) that… Continue reading →
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Proportionality and Parole
Commentators analyzing the Supreme Court’s watershed decision in Graham v. Florida, which prohibited sentences of life without parole for juveniles… Continue reading →
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The New Civil Death: Rethinking Punishment in the Era of Mass Conviction
Borrowing from its English forebears, the United States once had a form of punishment called civil death. Civil death extinguished… Continue reading →
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Why Proportionality Matters
The Supreme Court decided recently in Graham v. Florida that the Eighth Amendment prohibits a sentence of life in prison… Continue reading →
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Governance Property
Is property a black box? Is it best understood in terms of the relationship between owners and nonowners, without regard… Continue reading →
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Quasi-Property: Like, But Not Quite Property
Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property… Continue reading →
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The Case for Imperfect Enforcement of Property Rights
There is nothing so uncontestable as the incentive of an owner to safeguard her belongings. Yet property law contains various… Continue reading →