As long as some courts review the work of others, there will be situations where governing precedent shifts during the interim. Although such transitional moments follow many appellate court decisions, several of the Supreme Court's recent criminal procedure rulings would have been especially disruptive if implemented in a maximally retrospective fashion. Focusing on direct review of federal convictions, this Article identifies and critiques one widely used method for limiting the effects of legal change: subjecting defendants who failed to anticipate new rulings to a narrow form of review that virtually guarantees they will lose. The problem with applying plain-error rules in this way is that it cannot be justified by the only purposes warranting use of forfeiture rules in the direct review context. Given the unsuitability of the forfeiture approach as a means of coping with transitional moments, the Article suggests reconsideration of the Warren Court's preferred method: non-retroactivity doctrines.
The Environmental Law and Community Engagement Clinic at the University of Virginia School of Law filed this amicus brief on behalf of San Bernardino...
Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...
President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.
“If...
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...
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...
Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...
On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...
On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade. In the...
This Article introduces the Jurist-Derived Judicial Ideology Scores (JuDJIS), an expert-sourced measure of judicial traits that can locate nearly...
We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...
It is widely believed that President Donald Trump’s judicial appointments reflected a strategy of appeasing evangelical Christians and other religious...
Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...
There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...
We apply a dynamic influence model to the opinions of the U.S. federal courts to examine the role of the U.S. Supreme Court in influencing the...
This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...