Penal Modernism in Theory and Practice

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

Our perceptions of what we owe each other turn somewhat on whether we consider “another” to be “an other”—a stranger and not a friend. In this essay...

The Law of the Police, Second Edition provides materials and analysis for law school classes on policing and the law. It offers a resource for...

Evidence law controls what information will be admissible in court and when, how, and by whom it may be presented. It shapes not only the trial...

A crucial first step in addressing intimate-image abuse is its proper conceptualization. Intimate-image abuse amounts to a violation of intimate...

On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...

Although ethical critiques of markets are longstanding, modern academic debates about the “moral limits of markets” (MLM) tend to be fairly limited in...

Many analyses of law take an unsentimental, perhaps even cynical view of regulated actors. On this view, law is a necessity borne of people’s selfish...

Like the federal government, states can apply their laws to people beyond their borders. Statutes can reach out-of-state conduct, such as fraud, that...

We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...

How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...

This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The...

Berryessa et al. (2022) consider how prior experience as a criminal prosecutor may influence judicial behaviour, but their concerns about prior...

For several days, former President Donald Trump and his 18 co-defendants in a Georgia election interference case trickled into the Fulton County Jail...

At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...

This chapter examines several ways that the United States takes advantage of international law’s permissiveness and ambiguity to extend its criminal...

Virginia adopted a risk assessment to help determine sentencing for sex offenders. It was incorporated as a one-way ratchet toward higher sentences...