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smilliganlawreview
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ArticleVol. 98 · Iss. 2
Choosing Wisely: Envisioning Perinatal Hospice Notification Laws that Inform and Empower
Perinatal hospice refers to a cluster of medical services that some individuals choose after the diagnosis of a life-limiting fetal condition. At its core,…
Ashley Flakus -
ArticleVol. 98 · Iss. 2
Sex, Causation, and Algorithms: How Equal Protection Prohibits Compounding Prior Injustice
U.S. constitutional law prohibits the use of sex as a proxy for other traits in most instances. For example, the Virginia Military Institute (VMI)…
Deborah Hellman -
ArticleVol. 98 · Iss. 2
Banking on Democracy
The financial system is unequal and exclusionary even as it is supported, funded, and subsidized by public institutions. This is not just a flaw…
Mehrsa Baradaran -
ArticleVol. 98 · Iss. 1
The Court and the Suspect: Human Frailty, the Calculating Criminal, and the Penitent in the Interrogation Room
With each new Supreme Court opinion, Miranda v. Arizona increasingly resembles an aging film star, making a major splash when first coming onto the…
Scott E. Sundby -
NoteVol. 98 · Iss. 1
Lies Behind Bars: An Analysis of the Problematic Reliance on Jailhouse Informant Testimony in the Criminal Justice System and a Texas-Sized Attempt to Address the Issue
The advent of DNA technology in the late 1980s led to a wave of exonerations in the United States, shedding light on major problems…
Luke G. Allen -
ArticleVol. 98 · Iss. 1
Constraining the Statutory President
When agencies make decisions that are binding on the public, they must provide public notice, accept and consider public comments, and provide explanations for…
Kathryn E. Kovacs -
CommentaryVol. 98 · Iss. 1
Acknowledgments as a Window Into Legal Academia
Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion…
Jonathan I. Tietz & W. Nicholson Price II -
ArticleVol. 98 · Iss. 1
Payday
Legislation lags behind technology all too often. While trillions of dollars are exchanged in online transactions—safely, cheaply, and instantaneously—workers still must wait two weeks…
Yonathan A. Arbel -
NoteVol. 98 · Iss. 1
Justice by Luck: How Unclear Records Force Some Unlucky Prisoners to Serve Unconstitutional Sentences in the Wake of Johnson v. United States
The Armed Career Criminal Act (ACCA) imposes mandatory minimum sentences on individuals convicted of being a felon in possession of a firearm who have…
Nicholas C. Coyle -
ArticleVol. 98 · Iss. 1
Compassionate Homicide
Ample psychological studies demonstrate that emotions provide reasons for action and are powerful drivers of a host of behaviors, including criminal acts. Studies further…
Michal Buchhandler-Raphael