One Market We Do Not Need
Professor Volokh is right that American prisons are considered to be “low quality,” and that they suffer from “high violence… Continue reading →
Volume 160 (2011-2012)
-
-
Prescriptive Jurisdiction, Adjudicative Jurisdiction, and the Ministerial Exemption
On January 11, 2012, the Supreme Court decided the first significant case of the October 2011 Term, Hosanna‐Tabor Evangelical Lutheran… Continue reading →
-
The Hurricane Katrina Levee Breach Litigation: Getting the First Geoengineering Liability Case Right
In August 2005, Hurricane Katrina flattened the Gulf Coast from the Alabama border to 100 miles west of New Orleans.… Continue reading →
-
Communications, Technology, and Present Sense Impressions
I was honored to be asked to respond to Professor Bellin's insightful article, Facebook, Twitter, and the Uncertain Future of… Continue reading →
-
Section 2 is Dead: Long Live Section 2
Voting rights law is in the midst of an existential crisis. The Voting Rights Act (VRA) is probably the most… Continue reading →
-
Justice Kennedy to the Rescue?
Section 2 of the Voting Rights Act is a doctrinal mess. Through a totality of circumstances inquiry, Section 2 has… Continue reading →
-
United States v. Booker: System Failure or System Fix?
Six years ago, the Supreme Court held in United States v. Booker that the mandatory sentencing guidelines system was unconstitutional.… Continue reading →
-
Prison Reform in the Pennsylvania Legislature
When I began my career in the Pennsylvania Legislature in 1976, America's drug culture, and public awareness of drug abuse,… Continue reading →
-
The Collateral Consequences of Padilla v. Kentucky: Is Forgiveness Now Constitutionally Required?
People who commit a crime and are brought before a court to be sentenced expect to face a prison term… Continue reading →
-
Problem-Solving Courts and the Psycholegal Error
It has been more than a decade since I began railing against the therapeutic jurisprudence movement in general and drug… Continue reading →