Transparency Should Trump Trust: Rejoinder to McConnell and Leibold (2009) and Ziegert and Hanges (2009)

A distinct set of six institutions and traditions makes the country hard to subjugate to an authoritarian’s will.

Virtue jurisprudence is an approach to normative legal theory that answers normative questions about law from a perspective that is centred on the...

Lack of criminal responsibility due to “legal insanity” is probably one of the most misunderstood concepts in the criminal legal system.  Contrary to...

In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles...

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...

Societies worldwide are polarized over social justice, with identity-based status hierarchies manifesting inequalities at both individual and...

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court acknowledged the difficulties in applying its constitutional originalism to the...

The history of public policy is littered with failures to solve large-scale social problems using interventions derived from behavioral science...

Memory issues stemming from criminal trials that involve the reliability of eyewitnesses are well-known. However, the relevance of memory to law...

Detailed descriptions of violent postictal episodes are rare. We provide evidence from an index case and from a systematic review of violent postictal...

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...

Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law, has often observed that the...

Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make...

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

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...