A federal grand jury in Florida indicted former President Donald Trump on June 8, 2023, on multiple criminal charges related to classified documents...

Bad Faith Prosecution

Ann Woolhandler

Michael G. Collins

Jonathan Remy Nash

In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...

Doctrinal Forks in the Road: The Hidden Message of The Nature of the Judicial Process

G. Edward White

Kenneth S. Abraham

This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the...

Balancing Private and Public Interests in the Disclosure of Sexual Harassment Information

Gregory Mitchell

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

Altering Quotations with Ellipses

Joe Fore

In our last column, we explored different ways of incorporating quotes into legal writing. And although the whole point of quoting is to use another...

The Mechanics of Quoting

Joe Fore

Lawyers often have to rely on others’ words — words written by legislatures, courts, or parties to a contract. But improper use or overuse of quotes...

Transnational Judicial Communication: The European Union

David S. Law

Elaine Mak

National judicial systems within the European Union (EU) face pressures toward alignment under the policy agendas for judicial cooperation connected...

Enforcement Lawmaking and Judicial Review

Payvand Ahdout

It is—and has long been—well known that the Executive’s power is expanding. To date, there are two dominant analyses of the Judiciary’s role in that...

Reason and Rhetoric in Edwards v. Vannoy

Richard M. Re

Judicial reasoning and rhetoric should be mutually reinforcing, but they often end up at odds. Edwards v. Vannoy offers an unusually rich opportunity...

Writing by the Numbers

Joe Fore

It’s commonly said that words are lawyers’ stock-in-trade. But we also deal with numbers: dates, times, dollar amounts, pre-judgment interest rates...

Liberalism Without Theodicy

Micah J. Schwartzman

About twenty-five years ago, in the introduction to his book Self-Ownership, Freedom, and Equality, Jerry Cohen described encountering an unfamiliar...

Order without Formalism

Rachel Bayefsky

The quest for order and structure is a powerful force underlying influential jurisprudential theories such as originalism and textualism. This Article...

Getting to the Point

Joe Fore

Our goal in legal writing is to give our reader the necessary information as quickly and efficiently as possible. We’re not writing mystery novels...

Altering Quotes with Brackets

Joe Fore

The idea of adding or changing words in a quote might seem counterintuitive. After all, the whole purpose of quoting is to use someone else’s words...

Transnational Civil Litigation: Principles and Prospects

George Rutherglen

This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes...

A Choice by Any Other Name: Ad Hoc Substitutes for Choice of Law

George Rutherglen

This Essay analyzes three methods of avoiding the doctrinal disarray in American choice of law: imposing constitutional restrictions on personal...

Tech Tools for Better Editing, Part 1

Joe Fore

When it comes to editing, many lawyers prefer to use nothing more than a red pen and their knowledge and experience. These days, however, there are...

Battling to a draw: Defense expert rebuttal can neutralize prosecution fingerprint evidence

Gregory Mitchell

Brandon L. Garrett

The present study examined whether a defense rebuttal expert can effectively educate jurors on the risk that the prosecution's fingerprint expert made...