Judicial Recusal and the Court
Later this month, all nine justices will be hearing oral argument on the constitutionality of the Patient Protection and Affordable… Continue reading →
2012
-
-
America Invents, More or Less?
In September 2011, President Obama signed the most significant patent law overhaul in decades, the America Invents Act. The central… Continue reading →
-
Climate Change and the Courts
In Climate Change and the Courts, Professors Jason S. Johnston and Heidi M. Hurd debate whether there should be a… Continue reading →
-
Proportionality and Parole
Commentators analyzing the Supreme Court’s watershed decision in Graham v. Florida, which prohibited sentences of life without parole for juveniles… Continue reading →
-
The New Civil Death: Rethinking Punishment in the Era of Mass Conviction
Borrowing from its English forebears, the United States once had a form of punishment called civil death. Civil death extinguished… Continue reading →
-
Why Proportionality Matters
The Supreme Court decided recently in Graham v. Florida that the Eighth Amendment prohibits a sentence of life in prison… Continue reading →
-
Governance Property
Is property a black box? Is it best understood in terms of the relationship between owners and nonowners, without regard… Continue reading →
-
Quasi-Property: Like, But Not Quite Property
Quasi-property interests refer to situations in which the law seeks to simulate the idea of exclusion, normally associated with property… Continue reading →
-
The Case for Imperfect Enforcement of Property Rights
There is nothing so uncontestable as the incentive of an owner to safeguard her belongings. Yet property law contains various… Continue reading →
-
Lumpy Property
A bridge stretching only three-quarters of the distance across a chasm is useless, while a bridge that is longer than… Continue reading →