Torture, Necessity, and the Union of Law & Philosophy

For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...

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...

A crucial first step in addressing intimate-image abuse is its proper conceptualization. Intimate-image abuse amounts to a violation of intimate...

Like the federal government, states can apply their laws to people beyond their borders. Statutes can reach out-of-state conduct, such as fraud, that...

We live in a golden age of student surveillance. Some surveillance is old school: video cameras, school resource officers, and tip lines. Old-school...

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...

On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

Working hand-in-hand with the private sector, largely in a regulatory vacuum, policing agencies at the federal, state, and local level are acquiring...

The decision in Students for Fair Admissions v. President and Fellows of Harvard [SFFA], invalidating the use of race in college admissions, reignites...

How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...

This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The...

Berryessa et al. (2022) consider how prior experience as a criminal prosecutor may influence judicial behaviour, but their concerns about prior...

For several days, former President Donald Trump and his 18 co-defendants in a Georgia election interference case trickled into the Fulton County Jail...

At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced...

This chapter examines several ways that the United States takes advantage of international law’s permissiveness and ambiguity to extend its criminal...

Virginia adopted a risk assessment to help determine sentencing for sex offenders. It was incorporated as a one-way ratchet toward higher sentences...