A Prosecutorial Solution to the Criminalization of Homelessness
More than one-third of the 580,000 homeless people in the United States are unsheltered. This population includes those who sleep on the… Continue reading →
Volume 169(2021-2022)
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Beyond Elections: Abolitionist Lessons for the Law of Democracy
The prison abolition movement, building on a long history of abolition in the United States, is articulating a vision of… Continue reading →
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A Fragility Theory of Trademark Functionality
According to functionality doctrine, trademark protection cannot be granted for any feature that is essential to a product’s use or… Continue reading →
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Secrecy Creep
Legal scholars have long been fascinated by the topic of government secrecy. Yet they have largely focused their attention on… Continue reading →
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Taking Disability Public
Antidiscrimination laws enforce the idea that no one should be forced or encouraged to hide their race, gender, sexuality, or… Continue reading →
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McGirt v. Oklahoma and the Past, Present, and Future Reservation Boundaries
“Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law.” So reads McGirt v.… Continue reading →
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The Breaking Point: a Critical Disability Analysis of Abolition
In order for something to be built, something has to be destroyed, and this jail’s administration has to be destroyed.… Continue reading →
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“In Whom Is the Right of Suffrage?” The Reconstruction Acts as Sources of Constitutional Meaning
The Civil War ended in the spring of 1865 and attention promptly turned to escalating the process of reconstructing the… Continue reading →
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Coercion, Criminalization, and Child ‘Protection’: Homeless Individuals’ Reproductive Lives
The U.S. Supreme Court has long recognized the constitutional importance of reproductive autonomy. However, for the unhoused the guarantees of… Continue reading →
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Is Sunlight the Best Disinfectant? Reassessing BEPS Action 5’s Tax Ruling Transparency
The OECD’s BEPS Project was a major attempt to harmonize tax principles across jurisdictions and prevent tax-motivated artificial profit shifting.… Continue reading →