Article Type
Commentary
Posts
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CommentaryVol. 95 · Iss. 1
Case Refusal: A Right for the Public Defender but Not a Remedy for the Defendant
Various arguments have been made to explain why public defenders continue to handle excessive caseloads: a lack of independence, organizational culture, or ethical blindness…
John P. Gross -
CommentaryVol. 96 · Iss. 5
Who Wrote This?: Modern Forensic Authorship Analysis as a Model for Valid Forensic Science
Law needs forensic science in order to assist judges and juries in accurate fact-finding. But law also needs a dependable way to distinguish between…
Janet Ainsworth & Patrick Juola -
CommentaryVol. 96 · Iss. 4
Presidential Powers, Immunities, and Pardons
Special Counsel Robert Mueller is conducting an investigation into Russia’s interference in the 2016 presidential election and the possible coordination and cooperation with the…
Alberto R. Gonzales -
CommentaryVol. 96 · Iss. 3
Algorithmic Risk Assessments and the Double-Edged Sword of Youth
Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering…
Megan T. Stevenson & Christopher Slobogin -
CommentaryVol. 93 · Iss. 4
Bill Cosby, the Lustful Disposition Exception, and the Doctrine of Chances
On December 30, 2015, an affidavit of probable cause alleged that William H. Cosby, Jr., Ed.D., a comedian whose storied career spanned decades, committed…
Wesley M. Oliver -
CommentaryVol. 93 · Iss. 3
Gay Marriage and the Problem of Property
The Supreme Court’s gay marriage decision in Obergefell has been hailed in almost all corners as a milestone in American jurisprudence. From topics as…
Andrea B. Carroll & Christopher K. Odinet -
CommentaryVol. 93 · Iss. 1
The Right to a Public Trial and Closing the Courtroom to Disruptive Spectators
The Sixth Amendment to the United States Constitution provides, in part, that “[i]n all criminal prosecutions, the accused shall enjoy the right to a…
Stephen E. Smith -
CommentaryVol. 92 · Iss. 6
Young v. United Parcel Service, Inc.: McDonnell Douglas to the Rescue?
The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees,…
William R. Corbett -
CommentaryVol. 92 · Iss. 4
A Taxonomy of Discretion: Refining the Legality Debate About Obama’s Executive Actions on Immigration
With immigration reform stymied in Congress, broad executive action has been President Obama’s signature contribution to American immigration policy. These measures have drawn allegations…
Michael Kagan -
CommentaryVol. 92 · Iss. 3
Epilogue: Moral Panics and Body Cameras
This brief follow-up to Moral Panics and Body Cameras comments on the weeks after that essay was published and what those events show about…
Howard M. Wasserman -
CommentaryVol. 92 · Iss. 3
Moral Panics and Body Cameras
This Commentary uses the lens of “moral panics” to evaluate public support for equipping law enforcement with body cameras as a response and solution…
Howard M. Wasserman -
CommentaryVol. 92 · Iss. 1
Hobby Lobby and the Zero-Sum Game
In a zero-sum game, one person’s gain is another person’s loss. Some claims under the Religious Freedom Restoration Act present such zero-sum circumstances in…
Kathryn E. Kovacs