Language lives in the present, though we often approach it as though it was settled in the past. But those yearning for the meanings of some bygone era, like those endeavoring to deduce a single, correct meaning from the words on a page, are deluded...
Nearly 90 percent of the opinions issued by the federal courts of appeal are unpublished and lack precedential effect, and where these cases lay out new legal rules, this phenomenon cannot be reconciled with the Supreme Court’s settled retroactivity...
The article focuses in on the experiences of policing faced by Somali Muslims within a larger Black Muslim community. It examines how federal “Countering Violent Extremism” program has been used against this group of Black Muslims and puts it in the...
This comment explores questions regarding declarations of innocence that surface in light of the Pimentel-Lopez opinion holding that the sentencing court is bound by the jury’s factual determination within the special verdict. The comment concludes...
The article examines crime-free housing ordinances (CHOs) as an outgrowth of the federal one-strike policy and argues that they are significantly more harmful to tenants than the one-strike policy has been. The article suggests that, before adopting...
This Article supplements stagnating class action debates and the traditional law and economics account of class action law with behavioral psychology. It draws on a litany of behavioral tendencies, biases, and pathologies and considers their...