Volume 68 (2018-2019)

Volume 68, Number 8 – May 2019

Posted on May 8th, 2019

Articles Agency Statutory Abnegation In the Deregulatory Playbook William W. Buzbee PDF If an agency newly declares that it lacks statutory power previously claimed, how should such a move—what this Article calls agency statutory abnegation—be reviewed? Given the array of strategies an agency might use to make a policy change or move the law in Continue Reading »

Volume 68, Number 7 – April 2019

Posted on May 8th, 2019

Articles Clause Construction: A Glimpse into Judicial and Arbitral Decision-Making David Horton PDF For decades, the U.S. Supreme Court has insisted that forcing a plaintiff to arbitrate—rather than allowing her to litigate—does not affect the outcome of a dispute. Recently, the Court has invoked this “parity assumption” to expand arbitral jurisdiction. Reasoning that it does Continue Reading »

Volume 68, Number 6 – March 2019

Posted on March 28th, 2019

Articles Racial Equity in Algorithmic Criminal Justice Aziz Z. Huq PDF Algorithmic tools for predicting violence and criminality are increasingly deployed in policing, bail, and sentencing. Scholarly attention to date has focused on these tools’ procedural due process implications. This Article considers their interaction with the enduring racial dimensions of the criminal justice system. I Continue Reading »

Volume 68, Number 5 – February 2019

Posted on February 4th, 2019

Articles Discipline and Policing Kate Levine PDF A prime focus of police-reform advocates is the transparency of police discipline. Indeed, transparency is one of, the most popular accountability solutions for a wide swath of policing problems. This Article examines the “transparency cure” as it applies to Police Disciplinary Records (“PDRs”). These records are part of Continue Reading »

Volume 68, Number 4 – January 2019

Posted on January 3rd, 2019

Articles Free Speech and the Law of Evidence Dan T. Coenen PDF To what extent does the First Amendment limit the ability of prosecutors to offer evidence of a defendant’s past protected speech? As it turns out, the Supreme Court has touched on this question in only a handful of rulings, each of which was Continue Reading »

Volume 68, Number 3 – December 2018

Posted on December 4th, 2018

Articles Deviancy, Dependency, and Disability: The Forgotten History of Eugenics and Mass Incarceration Laura I Appleman PDF Three widely discussed explanations of the punitive carceral state are racism, harsh drug laws, and prosecutorial overreach. These three narratives, however, only partially explain how our correctional system expanded to its current overcrowded state. Neglected in our discussion Continue Reading »

Volume 68, Number 2 – November 2018

Posted on November 1st, 2018

Articles E-Notice Christine P. Bartholomew PDF Social media platforms and smartphone manufacturers face class action lawsuits, but how open are federal courts to using these very technologies to notify members of a class action? This Article details the results from an empirical analysis of over 2700 federal class notice decisions. It finds class notice changing, Continue Reading »

Volume 68, Number 1 – October 2018

Posted on October 2nd, 2018

Articles Statutory Interpretation and the Rest of the Iceberg: Divergences Between the Lower Federal Courts and the Supreme Court Aaron-Andrew P. Bruhl PDF This Article examines the methods of statutory interpretation used by the lower federal courts, especially the federal district courts, and compares those methods to the practices of the U.S. Supreme Court. This Continue Reading »