Sentencing Guidelines at the Crossroads of Politics and Expertise
When Minnesota created the first sentencing commission in 1978 and the first sentencing guidelines in 1980, it was hard to… Continue reading →
2012
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Booker Rules
In United States v. Booker, the Supreme Court excised two provisions of the Sentencing Reform Act of 1984 (SRA) that… Continue reading →
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Chevron Corp. v. Berlinger and the Future of the Journalists’ Privilege for Documentary Filmmakers
The documentary film Crude, directed by award-winning filmmaker Joseph Berlinger, tells the story of a class action lawsuit brought by… Continue reading →
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Allocating the Costs of Harm to Whom They Are Due: Modifying the Collateral Source Rule after Health Care Reform
For decades, the collateral source rule has been a target of tort reform on both state and national levels.1 The… Continue reading →
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Triaging Appointed-Counsel Funding and Pro Se Access to Justice
If appointing some lawyers is good, then appointing more lawyers must be better. At least that seems to be the… Continue reading →
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Codifying Custom
Codifying decentralized forms of law, such as the common law and customary international law, has been a cornerstone of the… Continue reading →
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Getting More By Asking Less: Justifying and Reforming Tax Law’s Offer-In- Compromise Procedure
The Offer in Compromise (OIC) is a procedure by which the IRS may agree to forgive a portion of the… Continue reading →
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To Copy or Not to Copy, That Is the Question: The Game Theory Approach to Protecting Fashion Designs
Fashion designers in the United States, unlike those in many for- eign jurisdictions, enjoy only limited intellectual property protection for… Continue reading →
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Scaling the Wall and Running the Mile: The Role of Physical-Selection Procedures in the Disparate Impact Narrative
Since the Supreme Court’s landmark decision in Dothard v. Rawlinson in 1977, gender-based disparate impact litigation has been limited in… Continue reading →
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Toward a Constitutional Chevron: Lessons from Rapanos
In 2006, the Supreme Court started a revolution in environmental law. In Rapanos v. United States, while addressing jurisdiction over… Continue reading →