Author
bmallory26
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ArticleVol. 102 · Iss. 1
The Original Meaning of the Sixteenth Amendment
The Sixteenth Amendment to the United States Constitution enshrines Congress’s “power to lay and collect taxes on incomes, from whatever source derived.” Challenges to…
John R. Brooks & David Gamage -
ArticleVol. 102 · Iss. 1
AI Outputs Are Not Protected Speech
AI safety laws are coming. Researchers, advocates, and the White House agree. Rapidly advancing generative AI technology has immense potential, but it also raises…
Peter N. Salib -
ArticleVol. 102 · Iss. 1
FDA Leads, States Must Follow
Courts have long deferred to the FDA’s scientific expertise, particularly on matters of drug safety and effectiveness. But now, in the aftermath of the…
Catherine M. Sharkey & Daniel J. Kenny -
ArticleVol. 102 · Iss. 1
Criminal Recordkeeping
Business managers must create and keep records for decision-making. Yet doing so presents an obvious problem for those who manage illegal businesses: their records…
Andrew K. Jennings -
CommentaryVol. 102 · Iss. 1
Standing Orders: A Survey of Individual Judges’ Regulation of Practice in All Future Cases Before Them
Federal district courts, after notice-and-comment process, can issue local rules to govern practice and procedure in all cases in a judicial district. An individual…
J. Campbell Barker -
ArticleVol. 101 · Iss. 6
Criminal Law Minimalisms
What is criminal law minimalism? At first blush, minimalism appears to be the sober and sensible cousin of abolition. Where the language of abolition…
Benjamin Levin -
ArticleVol. 101 · Iss. 6
Criminal Law’s Hidden Consensus
American criminal law is facing a crisis of meaning. In our mass incarceration era, most argue that we are prosecuting too many, too often,…
Steven Arrigg Koh -
ArticleVol. 101 · Iss. 6
In the Shadows of Suffering
Reform. Abolish. Minimize. Criminal law scholars broadly understand that we need to do *something* about our penal system and the problem of mass incarceration.…
Daniel S. Harawa -
ArticleVol. 101 · Iss. 6
Does The State Have an Obligation Not To Enforce The Law?
Does the State have any obligation not to enforce its own law? Scholars have long debated whether and to what extent we—that is, us…
W. Robert Thomas -
ArticleVol. 101 · Iss. 6
Illegitimate Choices: A Minimalist(?) Approach To Consent And Waiver In Criminal Cases
People suspected or convicted of crimes are constantly confronted with choices that can have significant impact on their liberty interests. They may be asked…
Christopher Slobogin & Kate Weisburd -
ArticleVol. 101 · Iss. 6
Minimalist Criminal Courts
Many penal abolitionists hold that criminal courts have been complicit in mass incarceration and essential to an irredeemably unjust and discriminatory system. As abolitionist…
Yoav Sapir & Guy Rubinstein -
ArticleVol. 101 · Iss. 6
Reviving Rehabilitation as a Decarceral Tool
After advocates argued that circumstances attendant to late adolescent offenders make them less culpable for their offenses and better disposed to rehabilitation, the Massachusetts…
Aliza Hochman Bloom