Persisting Sovereignties
From the first days of the United States, the story of sovereignty has not been oneof a simple division between… Continue reading →
2022
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To Catch a Snooping Spouse: Reevaluating the Roots of the Spousal Wiretap Exception in the Digital Age
Marriage is, and continues to be, a reactive institution. Although theorigins of marriage date back over 6000 years, the marital… Continue reading →
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Beyond Strickland Prejudice: Weaver, Batson, and Procedural Default
A Batson violation—racially discriminatory jury selection—is a structural error,“not amenable” to harmless error review on direct appeal. By definition, structuralerrors… Continue reading →
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Arbitrariness Review and Climate Change
In its ideal form, arbitrariness review is an instrument for promoting“deliberative democracy”—a system that combines reason-giving with politicalaccountability. Under arbitrariness… Continue reading →
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The Living Rules of Evidence
The jurisprudential evolution of evidence law is dead. At least, that’s whatwe’re expected to believe. After all, it’s been forty-seven… Continue reading →
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America’s Misunderstood Constitutional Rights
In contemporary rights jurisprudence and theory, the Fourteenth Amendment andthe Federal Bill of Rights are most frequently conceptualized as bulwarks… Continue reading →
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A Bug or a Feature?: Exclusive State-Court Jurisdiction Over Federal Questions
On August 5th, 2017, while enjoying the thrills and frills of a Six Flags theme park, Hugo and Sharon Soto used their… Continue reading →
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Pandemic Pressures on Faculty
Academics are incredibly privileged. They are paid relatively well to read, think, write, teach, learn, and provide service to their… Continue reading →
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Getting from Points A to Points B: Wayfinding, Public Accommodations, and the ADA
“To effectuate its sweeping purpose, the Americans with Disabilities Act (ADA) forbids discrimination against disabled individuals in major areas of… Continue reading →
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Probate Lending: Data from San Francisco
Recently, “probate lenders” have started to advance cash to heirs and beneficiaries in return for part of their interest in… Continue reading →