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Toward a Civilized System of Justice: Re-conceptualizing the Response to Sexual Violence in Higher Education

The reporting, investigation, and prevention of sexual violence in settings that are closed off from the greater community and subject to their own laws, rules, norms and biases present special challenges for survivors of sexual violence.  This essay builds on our existing scholarship that explores the pervasive problem and exceedingly high incidence of sexual violence […]

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The Open Society and Its Digital Enemies: A Reply to Professors Bambauer and Garrett

Don’t let our title fool you. Jane Bambauer and Brandon Garrett are friends of an open society, not its enemies. In distinct and distinctly important ways, they have engaged and expounded upon our concept of digital innocence, and in so doing, they have emboldened us to find the courage of our convictions and indeed to […]

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Singapore’s Constitutionalism: A Model, But of What Sort?

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Gobeille v. Liberty Mutual: An Opportunity to Correct the Problems of ERISA Preemption

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Human Trafficking and Film: How Popular Portrayals Influence Law and Public Perception

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Assumed Sane

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A Sustainable Music Industry For the 21st Century

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Two Economic Rationales for Felony Murder

Critics of the felony-murder rule have long argued that the rule is outdated and unreasonable, and the Supreme Court since 1982 has interpreted the Eighth Amendment to limit use of the death penalty in felony-murder cases. I present here two economic rationales for the felony-murder rule and show how the Court’s interpretation of the Eighth […]

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Institutional Competence and Civil Rules Interpretation

 

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Jurisdiction and Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied

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