Absolute Preferences and Relative Preferences in Property Law
The dominant form of legal discourse in contemporary America is welfarist. Though there are important alternatives, welfarism also largely prevails… Continue reading →
Volume 160 (2011-2012)
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On Competence, Legitimacy, and Proportionality
I asked Justice Aharon Barak, then president of the Israeli Supreme Court, why he considered himself competent to decide where… Continue reading →
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Beyond Coase: Emerging Technologies and Property Theory
In 1959, Ronald Coase published his landmark paper on the Federal Communications Commission (FCC) that would forever change the study… Continue reading →
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Sentencing Guidelines at the Crossroads of Politics and Expertise
When Minnesota created the first sentencing commission in 1978 and the first sentencing guidelines in 1980, it was hard to… 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 →