Finding the Proper Measure for Conditions of Pretrial Confinement
Like Professor Struve, I would welcome courts’ adoption of a rigorous analytical approach to regulating the conditions under which pretrial… Continue reading →
2013
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The Incoherence of Marital Benefits
In United States v. Windsor, the Second Circuit reasoned (no doubt, correctly) that extending federal marriage benefits to all married… Continue reading →
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Localist Statutory Interpretation
The average citizen’s point of contact with the judicial system as a litigant is, most likely, in the nation’s municipal,… Continue reading →
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Neighborhood Empowerment and the Future of the City
In any given metropolitan region, scores of municipalities are locked in a zero-sum struggle for mobile sources of jobs and… Continue reading →
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The Conditions of Pretrial Detention
The Supreme Court has set forth in detail the standards that govern convicted prisoners’ Eighth Amendment claims concerning their conditions… Continue reading →
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The State and the “Psycho Ex-Wife”: Parents’ Rights, Children’s Interests, and the First Amendment
On June 6, 2011, a judge in a small Pennsylvania county courthouse issued a custody order and started a firestorm.… Continue reading →
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The Property Matrix: An Analytical Tool to Answer the Question, “Is This Property?”
While it is easy for us to recognize a tangible object as property, we are less comfortable recognizing an intangible… Continue reading →
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Article III Double-Dipping: Proposition 8’s Sponsors, BLAG, and the Government’s Interest
A major procedural question looms over the two marriage cases currently before the U.S. Supreme Court: Do the parties who… Continue reading →
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Four Conceptions of Insurance
This Article identifies four conceptions of insurance that have operated in the debates about insurance law in recent decades, analyzes… Continue reading →
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Reducing Crime by Shaping the Built Environment with Zoning: An Empirical Study of Los Angeles
The idea of using law to change the built environment in ways that reduce opportunities to commit crimes has a… Continue reading →