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Untangling Horne; Resuscitating Nollan

Not atypically, the Supreme Court in Horne interprets the canonical Nollan narrowly as a case about developer exactions.  Viewed that way, Nollan does not speak to the issue in Horne: the raisins that the government took from the owners were not surrendered in exchange for explicit permission to engage in an activity the government either […]

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Excessive Force and the Media

Recent allegations of police officers using excessive force against people of color have received considerable attention in the media. Yet such incidents have largely stalled in the legal system. With a few notable exceptions, neither criminal nor civil proceedings, at either the federal or state level, have provided recourse for those injured by the police […]

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Securitization and Post-Crisis Financial Regulation

There are few types of securities as internationally traded as those issued in securitization (also spelled securitisation) transactions. The post-financial crisis regulatory responses to securitization in the United States and Europe are, at least in part, political and ad hoc. To achieve a more systematic regulatory framework, this Essay examines how existing regulation should be […]

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

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Institutional Competence and Civil Rules Interpretation

 

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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Critics of the felony-murder rule have long argued that the rule is outdated and unreasonable, and the Supreme Court since 1982 has interpreted the Eighth Amendment to limit use of the death penalty in felony-murder cases.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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A Sustainable Music Industry For the 21st Century

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Assumed Sane

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

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Originalism as Faith

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