The Conditions of Pretrial Detention
The Supreme Court has set forth in detail the standards that govern convicted prisoners’ Eighth Amendment claims concerning their conditions… Continue reading →
Volume 161 (2012-2013)
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Article III Double-Dipping: Proposition 8’s Sponsors, BLAG, and the Government’s Interest
A major procedural question looms over the two marriage cases currently before the U.S. Supreme Court: Do the parties who… Continue reading →
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Four Conceptions of Insurance
This Article identifies four conceptions of insurance that have operated in the debates about insurance law in recent decades, analyzes… Continue reading →
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Reducing Crime by Shaping the Built Environment with Zoning: An Empirical Study of Los Angeles
The idea of using law to change the built environment in ways that reduce opportunities to commit crimes has a… Continue reading →
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Soul of A Woman: The Sex Stereotyping Prohibition at Work
In 1989, the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited form of sex… Continue reading →
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Up for Grabs: A Workable System for the Unilateral Acquisition of Chattels
This paper is about the everyday occurrence of coming across an object in the world and evaluating whether or not… Continue reading →
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Delay in Considering the Constitutionality of Inordinate Delay: The Death Row Phenomenon and the Eighth Amendment
The Supreme Court has repeatedly declined to address the validity of the unconstitutional delay claim raised by Valle and other… Continue reading →
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Fracking and Federalism Choice
To date, fracking discourse has focused on whether environmental protections under existing laws ought to be strengthened and whether the… Continue reading →
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(The History of) Criminal Justice as a Morality Play
While Professor O’Hear believes Professor Bibas’s “morality play” concept has some resonance, he argues that Professor Bibas’s historical narrative glosses… Continue reading →
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Escaping Battered Credit: A Proposal for Repairing Credit Reports Damaged by Domestic Violence
Debt and domestic violence are connected in ways not previously imagined. A new type of debt—which I have labeled “coerced… Continue reading →