Among the major decisions any legal system must make is deciding whether to establish general courts with broad jurisdiction, or specialized courts with limited jurisdiction. Under one influential argument—advanced by both judges and legal theorists—general courts foster coherence within the legal system. This Article identifies a distinct effect of establishing general courts: the “complementarity

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was supposed to eliminate forced arbitration of cases involving sexual misconduct. This Essay explains why the Act fails to do so. In addition, it outlines what lawmakers and courts can do to fix this problem.

Nothing can fix what that day broke inside of me and in every child in that school. My biggest fear walking into school every day is not the homework or the tests. It is the fear that I will not…

Is racism in gun regulation reason to look to the Supreme Court to expand Second Amendment rights? While discussion of race and guns recurs across the briefs in New York State Rifle & Pistol Ass’n v. Bruen,[footnote-short-crop]No. 20-843 (argued Nov.…

Introduction Debates over delegation are experiencing a renaissance.[footnote-short-crop]See generally, e.g., F. Andrew Hessick & Carissa Byrne Hessick, Nondelegation and Criminal Law, 107 Va. L. Rev. 281 (2021); Julian Davis Mortenson & Nicholas Bagley, Delegation at the Founding, 121

Gun violence is the number one issue plaguing the city in this moment. — Mayor Lori Lightfoot, July 15, 2021[footnote-short-crop]Heather Cherone, “People are Scared,” Lightfoot Says, As Violence Continues to Surge, WTTW (July 15, 2021, 12:57 PM),…

Introduction What is the relationship between the Second Amendment right to bear arms and inequality? Scholarly silence suggests a conventional view that there is no relationship between the two. In this Essay, I argue that the Second Amendment is uniquely…

Introduction Gun rights supporters appear to be on the cusp of achieving a decades-long goal: defanging licensing laws nationwide for carrying handguns in public. More than twenty states have removed all licensing requirements for concealed carry, and most of the…

Introduction Like many places in central Louisiana, Grant Parish became a haven for oil and gas prospecting in the late 1890s. Once speculators discovered the rich reserves, they hoped the new industry would displace the plantation economy that had been…

For a significant portion of American history, gun laws bore the ugly taint of racism.[footnote-short-crop]On the racist history of gun laws, see generally Clayton E. Cramer, The Racist Roots of Gun Control, Kan. J.L. & Pub.…

The COVID-19 pandemic has highlighted the issue of mobilization policies, that is, government practices directed at making the mass public voluntarily perform various behaviors for the collective benefit during a crisis. As COVID-19 vaccinations became accessible, governments faced the challenge of mass vaccination mobilization in order to achieve herd immunization. Aiming to effectively realize this

This invited response commentary engages with Benoit Mayer's case comment, published in this issue of Transnational Environmental Law, on the recent landmark decision by the District Court of The Hague (The Netherlands) of May 2021 in Milieudefensie v. Royal Dutch Shell. The Court ordered the oil giant Royal Dutch Shell to reduce at least 45% of its greenhouse gas emissions by 2030 compared with 2019

Children and young people constitute more than one quarter of all plaintiffs in rights-based strategic climate litigation cases filed globally up to 2021. This article examines the implications of this development for children's environmental rights inside and outside the courtroom, relying on the analysis of case documents, media coverage, and the broader literature on strategic climate litigation

In her response to my case comment in this issue of Transnational Environmental Law, Laura Burgers purports to disagree with my analysis on two points. Firstly, she suggests that we disagree on the method that a court should use to interpret the duty of care of corporations on climate change mitigation. Secondly, she disagrees with each of the four inconsistencies that I identify in the decision by

Implementing precautionary measures that have obvious distributional consequences today but often only invisible future benefits is politically difficult. It requires that policymakers reconcile technocratic expertise with political consent. This paper traces attempts to enact such measures, focusing on countercyclical policies to limit the systemic risks of housing booms as proposed by financial stability

Prison abolition, in the span of just a few short years, has established a foothold in elite criminal legal discourse. But the basic question of how abolitionists would address “the dangerous few” often receives superficial treatment; the problem constitutes a…

Against Constitutionalism. By Martin Loughlin. Cambridge, MA: Harvard University Press. 2022. Pp. xi, 250. $39.95. The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy. By Joseph Fishkin and William E. Forbath. Cambridge, MA: Harvard University Press. 2022. Pp. 601.…

Introduction Nearly a generation ago, Justice Scalia and Justice Breyer debated the legitimacy and value of using foreign law to interpret the American Constitution.[footnote-short-crop]See A Conversation Between U.S. Supreme Court Justices, The Relevance of Foreign Legal Materials in U.S. Constitutional…

Introduction Criminal justice reform advocates have long rallied against the criminalization of poverty in the United States. It’s well established that criminal justice involvement disproportionately affects communities of color and low-income individuals. This is unsurprising given the historic tightening of…

Absent a “clear indication” to the contrary, federal law applies “only within the territorial jurisdiction of the United States.”[footnote-short-crop]Morrison v. Nat’l Austl. Bank Ltd., 561 U.S. 247, 255 (2010) (quoting EEOC v. Arabian Am. Oil Co., 499 U.S. 244, 248…

En Banc Second Circuit Ignores HUD Regulation in Tenant-on-Tenant Racial Harassment Case

Eleventh Circuit Rejects First Amendment Claim for Residential Architecture.

Ninth Circuit Holds that Americans with Disabilities Act Prohibits Imposing Certification Requirement on Animal Who Meets Functional Definition of

Connecticut Supreme Court Invalidates Sentence that Relied on a Characterization of Defendant as a

Seventh Circuit Upholds Use of Acquitted Conduct to Triple Sentencing Exposure on a Preponderance of the Evidence.

FDA Lifts In-Person Dispensing Requirement for Mifepristone Abortion Pill.

Arizona Supreme Court Abolishes Peremptory Strikes in Jury Selection

OBJECTIVES There has been much discussion around the use of both money bail and pretrial risk assessment instruments. We examine how bail and risk scores compare in terms of their associations with failure to appear in court and rearrest during the pretrial period. HYPOTHESES Our research questions included whether bail and risk scores differed between people who did and did not experience pretrial

The likelihood that longevity will continue to increase has generated a search for regulation that make people work longer as they live longer, and thus not just containing pension expenditure but also enlarging labor supply, economic growth, and tax revenue. In public pension policy, Nordic countries have led the world with three types of approaches aimed at making people retire later. The first came

Scholars of regulation have long engaged with behavioral oriented research to assess its value for regulatory theory and practice. This book review discusses two recent publications in this area: Nudge: The Final Edition by Richard Thaler and Cas Sunstein (2021) and The Behavioral Code: The Hidden Ways the Law Makes Us Better or Worse by Benjamin van Rooij and Adam Fine (2021).

The Article traces modern separation-of-powers jurisprudence to the Court’s reaction to Reconstruction. Converting Lost Cause dogma into the language of constitutional law, the Court sparked a counterrevolution that obscures, and eclipses, a more normatively compelling conception—one that locates in representative institutions authority to constitute the separation of powers by statute.  

In The Collapse of Constitutional Remedies, Aziz Huq contends federal courts exacerbate societal inequities by overzealously enforcing constitutional limits on government regulation while neglecting individual-rights violations. Though some of Huq’s criticisms are spot-on, others are overstated, and his confessed “redistributive goals” —exalting certain constitutional protections over others—imperil

Many states claim to own their water. How to understand such claims is a perennially muddied question which the Supreme Court recently failed to clarify. This Note demonstrates why states can have literal ownership of their water, and why a contrary conclusion could imperil groundwater management in the climate-changed future.

McGirt’s insistence on unambiguous proof of Congress’s intent created an opening for aboriginal-title suits against the United States. By enforcing the congressional-intent requirement, McGirt cleared the sovereign immunity and preclusion bars that have stymied such suits. An overlooked Tenth Circuit decision unknowingly demonstrated how courts can implement McGirt.  

Abstract not available

Abstract not available

Abstract not available

Abstract not available

OBJECTIVE Cross-cultural research into risk assessment instruments has often identified comparable levels of discrimination. However, cross-cultural fairness is rarely addressed. Therefore, this study explored the discrimination and fairness of the Level of Service/Risk, Need, Responsivity (LS/RNR) within a sample of Aboriginal and Torres Strait Islander and non-Aboriginal and Torres Strait Islander

OBJECTIVES The present research examined homelessness, race/ethnicity, and pretrial detention in the plea bargaining process. HYPOTHESES We predicted that homelessness, Hispanic ethnicity, and pretrial detention would be positively associated with unfavorable plea bargaining outcomes. METHOD We coded defendant characteristics and plea bargaining variables for a random sample (N = 500) of criminal cases

OBJECTIVE This field-simulation experiment was designed to compare eyewitness performance when conducting show ups and lineups under field versus laboratory conditions. HYPOTHESES We expected to replicate the findings from previous field-simulation experiments showing overconfidence in show up identifications made under field but not lab conditions, and further predicted that under field conditions

Groundwater is a largely unseen common pool resource. Yet, driven by strong economic incentives, whether or not encouraged by existing policies, and the difficulty to exclude others, groundwater users are competing with each other to extract as much as possible, with devastating consequences for its sustainability. The challenges faced for sustainably managing such common pool resources, on which people

The full text of this Article may be found by clicking on the PDF link to the left. Around the country, state courts are being flooded with the claims of massive repeat filers. These large corporate plaintiffs leverage economies of…

The full text of this Article may be found by clicking on the PDF link to the left. Fourth Amendment law is in flux. The Supreme Court recently established, in the landmark case Carpenter v. United States, that individuals can…

In Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights, Dean Erwin Chemerinsky issues an indictment of the Supreme Court, charging that institution with facilitating undue state violence, wrongful convictions, invasions of dignity, and racial inequality.…

“You don’t want to be found dead after a shoot-out with unused ammunition.”[footnote-short-crop]Andrew Walker, Has Quantitative Easing Worked in the US?, BBC News (Oct. 30, 2014), https://www.bbc.com/news/business-29778331 [https://perma.cc/W7LH-U6M5].[/footnote-short-crop] That was the refrain of one Federal Reserve (Fed)…

The state of news media leaves much to be desired. Traditional broadcast mediums are dominated by a select few voices that overwhelmingly push partisan viewpoints. The internet grows increasingly partisan as well, algorithmically pushing viewers into “bubbles” in which they…

Sixth Circuit Holds that Severed Provisions Cannot be Applied to Violations Predating Severance

Seventh Circuit Holds that Evidence of Battering and Its Effects May Support a Duress Defense

Idaho Supreme Court Retains Federal Framework for Assessing Standing to Sue in State Court

Fifth Circuit Judges Cast Doubt on Environmental Justice Suits

Fifth Circuit Creates Circuit Split by Allowing Prefinal Judicial Review of SEC Enforcement Proceeding

Oversight Board Finds a Facebook's Rule Application Violates International Human Rights Law

Committee on the Rights of the Child Extends Jurisdiction over Transboundary Harms; Enshrines New Test

Fifth Circuit Declines to Extend Fourth Amendment to Bar Corporal Punishment in Public Schools

Ninth Circuit Strikes Down as Preempted California Law Prohibiting Private Immigration Detention Within the State

Sixth Circuit Holds Public University Professor Plausibly Alleged Free Speech Right Not to Use Trans Student's Pronouns

The need for supranational regulatory capacity and the drive for governmental control are two colliding forces in international governance. As a solution to this governance dilemma, European administrative networks need to simultaneously fulfill the demand for supranational institutions and maintain governmental control. The assessment of risks associated with medicines authorized on the European market

People sometimes want to harm other people. This truism points to a blind spot in law and economics scholarship, which generally assumes that people are indifferent to the effects of their actions on other people. Diverse areas of the law, such as hate-crime legislation and constitutional equal protection doctrine, reside in this blind spot because they are premised on the existence of animus. I argue

A central question in law and economics is whether nontax legal rules should be designed solely to maximize efficiency or whether they also should account for concerns about the distribution of income. This question takes on particular importance in the context of cost-benefit analysis. Federal agencies apply cost-benefit analysis when writing regulations that generate multibillion-dollar impacts on