Structure and Relationship in the Jurisprudence of Juries: Comparing the Capital Sentencing and Punitive Damages Doctrines

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

A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...

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...

Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...

These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of US political scientists, a new generation of...

Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...

Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...

“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...

Donald J. Trump appointed 234 federal judges in his first term. Trump, as is his wont, claims, with an inflated number, that he appointed a record...

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...

Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties...

In recent years, the federal courts have seen a plethora of lawsuits originated by states challenging federal government actions. As a result, there...

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

This Essay reports data on the impact of Bruen and its predecessor, Heller, on gun rights cases. Put mildly, the impact was substantial, not only in...

In this paper we investigate whether gender is associated with the content of judicial opinions in the U.S. courts of appeals. Using a topic model...

Donald J. Trump's presidency broke the mold in many ways, including how to think about judicial appointments. Unlike other recent presidents, Trump...