The Case Against MDL Rulemaking
There is currently no uniform set of federal rules governing MDL proceedings. But this could soon change. In November 2017,… Continue reading →
Volume 169 (2020-2021)
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National Parks, Incorporated
Public lands and private enterprise exist in an uncomfortable equilibrium. Since their founding, the national parks have embraced some forms… Continue reading →
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Church Taxes and the Original Understanding of the Establishment Clause
Since the Supreme Court’s decision in Everson v. Board of Education, it has been widely assumed that the Establishment Clause forbids… Continue reading →
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Detecting Mens Rea in the Brain
What if the widely used Model Penal Code (MPC) assumes a distinction between mental states that doesn’t actually exist? The… Continue reading →
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A Doctrine Without Exception: Critiquing an Immigration Exception to the Anticommandeering Rule
Federal courts across the country have heard numerous lawsuits about the legality of “sanctuary cities,” which limit cooperation with the… Continue reading →
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Justifying Bad Deals
In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and… Continue reading →
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Muted Justice
The Chief Justice of the United States possesses significant power. His position as the senior-most Justice on the U.S. Supreme… Continue reading →
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Precedent on Precedent
In the recent case of Ramos v. Louisiana, the U.S. Supreme Court held that the “Sixth Amendment right to a jury… Continue reading →
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Delegation to Nonexperts
The ambitious policy goals we set for our governments demand that they develop a great deal of expertise. We want… Continue reading →
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Of Death and Delusion: What Survives Kahler V. Kansas?
Mental illness is not a crime. That fundamental proposition is threatened by the Supreme Court’s recent decision in Kahler v. Kansas,… Continue reading →