Alternative Facts and the Post-Truth Society: Meeting the Challenge
During times of universal deceit, telling the truth becomes a revolutionary act. – George Orwell, 1984 Continue reading →
Volume 165 (2016-2017)
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Naming Online Law Review Supplements (Or Whatever They Are Called)
Over the past decade or so, there has been a proliferation of online‐only law review–law journal supplements (or “companions”). This… Continue reading →
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Legislative Control Over Redistricting as Conflicts of Interest: Addressing the Problem of Partisan Gerrymandering Using State Conflicts of Interest Law
Winner of the University of Pennsylvania Law Review’s Second Annual Public Interest Essay Competition: Partisan gerrymandering decreases the electoral accountability… Continue reading →
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Jurisdiction and Judicial Self‐Defense
Although State of Washington v. Trump has generated enormous attention, the Ninth Circuit, the parties, and legal commentators have largely… Continue reading →
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How the U.S. Sentencing Commission Considers Retroactivity
In a recent Essay, Professor Litman and Mr. Beasley provide a detailed discussion of how they believe the U.S. Sentencing… Continue reading →
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The President and the Detainees
Entering the White House in 2009, President Barack Obama committed to closing the military detention facility at Guantanamo Bay in… Continue reading →
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Accountable Algorithms
Many important decisions historically made by people are now made by computers. Algorithms count votes, approve loan and credit card… Continue reading →
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Invalidating Issue Preclusion: Rethinking Preclusion in the Patent Context
Preclusion is a complex doctrine to apply in any given case, and patent litigation presents no exception. Ever since the… Continue reading →
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Cruel and Unusual Construction: The Eighth Amendment as a Limit on Building Prisons on Toxic Waste Sites
Over the last four decades, the United States has witnessed the emergence of a leviathan prison industrial complex. Eager to… Continue reading →
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Hurricanes, Fraud, and Insurance: The Supreme Court Weighs in on, But Does Not Wade into, the Concurrent Causation Conundrum in State Farm Fire and Casualty Company v. Rigsby
In a recent Supreme Court decision, State Farm v. Rigsby, a homeowner’s house was damaged by Hurricane Katrina. The homeowner… Continue reading →