This Article argues that the rise of the modern state was a necessary condition for the rise of the business corporation. Corporate technologies require the support of a powerful state with the geographical reach, administrative power, and legal capacity necessary to enforce the law uniformly among a corporation’s various owners.

States are using the threat of catastrophic, one-sided fee awards to evade judicial review in controversial areas like abortion and gun control. Litigants challenging such laws—and their attorneys—face liability for the opposing party’s legal fees, while the state and its ideological allies bear no such risk.

The anti-CRT movement is intertwined with the trend toward parents’ rights, which complains that official educational policies usurp fundamental parental rights. This Feature shows how these “twin” movements against CRT and for parents’ rights center White parents’ rights and the protection of White children for the benefit of White supremacy.

This Feature offers alternative strategies and visions for a less court-centered constitutionalism with a case study of federal Indian law and American colonialism—a case study that places not only Congress, but the philosophies and agency of Native people and nations at the center of our constitutional law and history.

This Note argues that particular elements of the litigation process offer social movement activists distinctive opportunities to draw extralegal benefits from legal action. These benefits, however, are enabled and constrained by the procedural rules and norms that structure litigation itself.

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In recent years, binding regulations in the “home states” of corporations have emerged mainly in the Global North with the aim of holding corporations accountable for human rights and environmental impacts throughout their supply chains. However, we still need a better understanding about to what extent such regulations contribute to enhance “foreign corporate accountability (FCA).” This article introduces

This paper presents a systematic empirical study of the causal mechanisms of regulatory capture. It applies process-tracing methods to the Vioxx drug scandal that was widely regarded to be a result of capture. In doing so, this paper provides a robust empirical analysis of regulatory capture lacking in the current literature. The analysis focuses on the role of the UK drug regulator in licensing and

Industrialized economies in the EU depend heavily on imports of minerals. The extraction and parts of the transport and processing of these minerals take place in the Global South and often bear high human rights and environmental risks. A lack of traceability in mineral supply chains makes it particularly difficult to hold companies accountable for negative environmental and social impacts of their

Abstract Prior work establishes that Black and Latino people face harsher treatment during the pretrial phase of the justice system. Yet, the mechanisms underlying pretrial racial and ethnic disparities remain unclear. Using multiple administrative data sources from a large jurisdiction in the southeast, we examined the influence of race, ethnicity, and citizenship on judicial decisions and defendant

Abstract In 2019, New York State passed bail reform legislation that limited the use of money bail and expanded pretrial release. The bail reform law took effect on January 1, 2020. We evaluated the effect of this law on crime rates in New York State. Interrupted time series analyses (ITSA) were used to examine whether the bail reform was significantly associated with a crime increase. When a significant

Abstract This study draws insights from environmental criminology to implement a policing initiative focused on risky places and the micro-spatial attractors that create vulnerable settings for crime to emerge or persist in the town of Basildon. Evidence-based approaches to crime control have become more important within law enforcement approaches to crime control. Insights that have emerged from recent

There is growing scholarly interest in analyzing changes in policies, laws, and regulations. Some concepts depart from the goal of identifying changes in policy substance. Other contributions have concentrated on the structural characteristics of laws and regulations containing these substantive changes. Extracting measures of policy substance from legislative texts is a challenging and time-consuming

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An elected leader’s control may seem essential to bureaucratic accountability. But the administrative state itself better secures accountability’s core values. As this empirical study shows, complementarity between civil servants and political appointees; officials’ scrutiny of each other’s work; and constant interaction with affected publics all promote deliberation, inclusivity, and responsiveness

Family law is failing older adults, offering neither the family forms older adults want nor the support of family care older adults need. Racial and economic inequities, accumulated across lifetimes, exacerbate these problems. This Article responds to these challenges by proposing family law reform for our aging society.

This Feature identifies a foundational problem in modern administrative law. It argues that the Supreme Court’s dual commitments to unitary executive theory and separation-of-powers literalism are in deep conflict when it comes to agency courts. Recognizing this conflict advances debates about how the Roberts Court is transforming the administrative state.  

Racial-justice claims have played an enduring role in the movement and jurisprudential history of the contemporary Second Amendment. This Note argues that, far from a source of equal freedom, our modern expansionist Second Amendment—which reasons in the register of history and tradition—reinforces conditions of racial subordination.

This Note explores the status of judicial bypass of parental-involvement laws for abortion, historically mandated to balance minors’ right to abortion and their parent’s right to direct their upbringing. We argue that, even after Dobbs, judicial bypass is legally supported and consistent with a proper understanding of parental rights.

Racial myopia in law is a complex phenomenon that centers white identity as the standard. A critique of the Article Family Law for the One-Hundred-Year Life, this Response presents a concrete framework and clarion call for all scholars to address legal issues in a racially inclusive way.

Abstract Sampson and Laub’s (1990 Sampson, R. J., & Laub, J. H. (1990). Crime and deviance over the life course: The salience of adult social bonds. American Sociological Review, 55(5), 609–627. https://doi.org/10.2307/2095859[Crossref], [Web of Science ®] , [Google Scholar], 1993 Sampson, R. J., & Laub, J. H. (1993). Turning points in the life course: Why change matters to the study of crime*. Criminology

Principal-agent theorizing is based on the idea of a linear inverse relationship between principal control and agency slack: the higher the control over the agent, the less likely is the agent to slack. In this paper, we challenge this assumption by explicitly taking the varying nature of agents into account. While control may reduce the agent's room for maneuver, it does not explain the extent to

Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new

Abstract Conservative political orientation is a strong predictor of gun ownership in the United States. We explore the extent to which this relationship is mediated by two related belief systems: Christian nationalism and Right-Wing conspiratorial thinking. Drawing on nationally representative data from the sixth wave of the Baylor Religion Survey (N = 1,248), we use logistic regression and the Karlson-Holm-Breen

Abstract Numerous studies have examined the correlates and predictors of campus carry among various campus communities. There were, however, too many risk factors included, raw effect sizes were too small, and the differences in effect sizes were negligible, making comparisons prohibitively difficult or even worthless. To address this issue, a multilevel meta-analysis was conducted to investigate thirteen

Abstract Noncustodial sanctions may present an attractive way to reduce the prison population rate, but only when noncustodial sanctions meet custodial ones in terms of deterring recidivism. Using administrative criminal records data of all individuals convicted in the Netherlands in 2012, this study examines the effects of short-term imprisonment versus noncustodial sanctions on crime. We employ an

OBJECTIVES We sought to understand how basic competencies in moral reasoning influence the application of private, institutional, and legal rules. HYPOTHESES We predicted that moral appraisals, implicating both outcome-based and mental state reasoning, would shape participants' interpretation of rules and statutes-and asked whether these effects arise differentially under intuitive and reflective reasoning

OBJECTIVE Because confessions are sometimes unreliable, it is important to understand how jurors evaluate confession evidence. We conducted a content analysis testing an attribution theory model for mock jurors' discussion of coerced confession evidence in determining verdicts. HYPOTHESES We tested exploratory hypotheses regarding mock jurors' discussion of attributions and elements of the confession

OBJECTIVE This hypothetical vignette-based experiment was designed to better understand judges' and probation officers' interpretations and use of juvenile risk assessment tools in their decision-making around restrictive sanctions and confinement of youths on the basis of the youths' risk level and race. HYPOTHESES We expected that estimates of the probability of juvenile recidivism would significantly

The implementation of international human right treaties is particularly challenging, especially when they entail obligations that apply at the subnational level. In this article, we examine how international law intermediaries translate and use international treaties in subnational policymaking processes. We develop a dedicated analytical framework, and we derive a typology, characterizing different

This Essay responds to Owen Gallogly’s Equity’s Constitutional Source.  It argues that it is implausible to locate the federal courts’ authority to afford equitable relief in Article III, but it defends a constitutional default rule applicable to legal as well as equitable remedies having its source in the Supremacy Clause.

This Article uncovers the federal equity power’s constitutional source. It argues that, as originally understood, Article III vests the federal courts with inherent power to grant equitable remedies and to adapt the federal system of equity in ways beyond what the Supreme Court’s current cramped, statute-based equity jurisprudence permits.  

Distilling patterns across cooperative federalism programs, this Article uncovers the distinctive cross-governmental administrative law—and the unusual rulemaking it facilitates—in our most consequential federal-state collaborations.

Within the post-New Deal constitutional framework, unions were categorized as engaging in commercial activity, rather than advancing inherently normative claims about justice at work. This Feature argues that this choice, what I call the law of apolitical economy, continues to shape how we understand unions—and much more—today.

Given increasing threats to voting rights and an expansive Purcell doctrine, Section 3 of the Voting Rights Act is a vital but underused resource. To reinvigorate Section 3, this Note makes two observations: preclearance does not require intentional racial discrimination, and may be based on declaratory judgments, not just injunctions.

Interpreting ambiguous statutory provisions in light of the “structure,” “scheme,” or “plan” of the statute is a popular, yet understudied, interpretive tool often deployed by the Supreme Court. This Note categorizes the various types of structural arguments the Court has used and evaluates their methodological compatibility with textualism and purposivism.

To examine how private regulatory governance reproduces a market logic that always already circumscribes possibilities for radical change, we tarry with Michel Foucault's notion of governmentality and his writings on power. We focus on two major initiatives created to regulate gold supply chains, subjecting their publicly released documents to a discourse analysis. This reveals subtle but tangible

Many scholars predict that European integration will foster adversarial legalism in Europe. In this article, I empirically assess the Eurolegalism thesis by examining EU regulatory mandates in the competition and securities fields, two policy areas where adversarial legalism is seen as most likely to develop. I argue that the diffusion of adversarial legalism to Europe has faced significant political

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Abstract It has long been argued that defendants detained pretrial face more severe case outcomes than released defendants. Considering the magnitude, directionality, and significance of these findings, this article uses systematic review and meta-analysis to examine the average effect of pretrial detention on a series of case processing outcomes: conviction, guilty plea, dismissal, charge reduction

Professor Dov Fox’s Medical Disobedience[footnote-short-crop]Dov Fox, Medical Disobedience, 136 Harv. L. Rev. 1030 (2023).[/footnote-short-crop] could not have appeared at a more consequential time for the medical profession. Just look at what is happening in the abortion context. Following the…

With increasingly frequent emergencies related to pandemics, climate change, or any other as yet unforeseen disaster, it is imperative to develop our understanding of how opportunistic legislation and policy grabs may appear even in democracies. Circumventing a lengthy process of public debate and government regulation, declaration of emergency may be conducive to such opportunism. Underlying mechanisms

This article offers the first comprehensive analysis of the emergent modes for greening electricity governance through agencification in the Global South by examining the drivers and role of renewable energy agencies (REAs) in various countries in the Middle East and North Africa region. Furthermore, the article illustrates the impact of this form of agencification on the deployment of renewables and

Abstract The criteria used to identify the crime of stalking have been debated since the 1990s, with most definitions including a so-called “fear standard” as a form of harm experienced by victims. The current study takes the next logical step in this dialogue to examine the varied harms that victims of stalking experience. These analyses operationalize harm through the creation of a harm scale based

Abstract Despite a long line of scholarship on race and social control, evidence that incarceration can be connected to slavery is difficult to provide. This study evaluates whether slavery had long-term effects on growth in state incarceration rates by focusing on two key theoretical indicators: the size of the enslaved population prior to the Civil War and demographic changes during the Great Migration

Abstract Suicide rates vary across occupational groups, with protective service occupations at elevated risk for suicide. Yet, research on correctional officer suicide remains sparse, as does research linking the broader social context to police officer suicides and correctional officer suicides. This study examines differences in the individual and contextual risk factors for police officer suicides

The debate on corporate climate accountability has become increasingly prominent in recent years. Several countries, particularly in the Global North, have adopted mandatory human rights and/or environmental due diligence legislation. At the same time, judicial and quasi-judicial proceedings are helping to shape the contours of corporate climate accountability. This article considers how litigation

Introduction City of Boston residents who wish to carry a handgun for self-defense must apply for a License to Carry Firearms (LTC) with the Boston Police Department.[footnote-short-crop]Owning a Firearm in Boston, City of Bos. (July 19, 2021), https://www.boston.gov/owning-firearm-boston…

Despite the ringing dictum of Marbury v. Madison that “every right, when withheld, must have a remedy,” rights to remedies have always had a precarious constitutional status. For over one hundred years, the norm was that victims of ongoing constitutional…

Natural law “still spooks many constitutional lawyers.”[footnote-short-crop]Gerard V. Bradley, The Constitution’s “Value Judgments,” Law & Liberty (Mar. 1, 2021), https://lawliberty.org/natural-law-and-the-constitutions-value-judgments [https://perma.cc/UP2N-39WH].[/footnote-short-crop] Justice Scalia, for example, was once asked: “Does natural law have a place…

Introduction When prosecutors approached a first-time drug offender who had sold a little over half a kilogram of marijuana, they offered him a deal: plead guilty to fifteen years, or take the case to trial and risk worse.[footnote-short-crop]See John. F.…