Topic
Race and the Law
Posts
-
Online2026
Race as Evidence: The Historical Racial Nexus and Equal Protection
This Essay accepts strict scrutiny as the constitutional terrain within which race-conscious policy must operate and builds a refined framework for equal protection analysis:…
Lisa Owens -
ArticleVol. 103 · Iss. 3
Good Kids, m.A.A.d State: Effects of Georgia House Bill 462 and Keeping the Age of Criminal Responsibility for Gang-Related Crimes Under Eighteen
Despite decades of proposed legislation and cries for juvenile justice reform, Georgia cannot cross the finish line—it is one of only three U.S. states…
Danielle S. Williams -
ArticleVol. 102 · Iss. 6
Minor v. Happersett and the Repudiation of Universal Suffrage
Nearly 150 years ago, Minor v. Happersett rejected a constitutional challenge to a Missouri law that excluded women from the electorate. Ratification of the…
Ellen D. Katz -
ArticleVol. 102 · Iss. 5
Prosecutorial Reform and The Myth of Individualized Enforcement
A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders…
Justin Murray -
NoteVol. 102 · Iss. 3
Giving Credit When You Are Due: Tax Credits for Birth Mothers Post-Dobbs
Pregnancy is extremely dangerous for women. Maternal mortality rates are tragically high in the United States, and women of color have the greatest risk…
Skyler Ligon -
Online2024
Contingent Fees and Access to Justice
In recent years, scholars have documented and lamented the fact that most Americans have difficulty gaining access to justice. Most people simply cannot afford…
Eric Helland & Daniel Klerman -
ArticleVol. 101 · Iss. 5
Anticompetitive Healthcare
American healthcare is known for insufficient competition, high prices, and porous quality. This landscape seems to have not only degraded consumer welfare in general…
Gregory Day -
ArticleVol. 101 · Iss. 5
Opinion Authorship and Precedential Status
The federal courts of appeals have a two-tier system of judicial opinions: “published” and “unpublished.” Published judicial opinions represent binding precedent, whereas unpublished ones…
Nina Varsava -
ArticleVol. 101 · Iss. 4
Estimating a Face: What Predicting Appearance from DNA Reveals About the Need to Regulate Genetic Investigations
Reliance on flawed forensic disciplines has placed innocent people in prison with alarming frequency. In the past thirty years, forensic science has contributed to…
Allison Durkin -
Online2023
When to Admit Art as Evidence
Jeffery Lamar Williams, better known as Young Thug, is the latest high-profile rapper to have his rap “lyrics” potentially entered into evidence as part…
Andrew Jensen Kerr -
ArticleVol. 100 · Iss. 5
Of Sinners & Scapegoats: The Economics Of Collective Punishment
Abstract “[I]t is better that ten guilty persons escape than that one innocent suffer.” 4 William Blackstone, Commentaries *358. “[I]t is better that ten…
J. Shahar Dillbary & Thomas J. Miceli -
ArticleVol. 100 · Iss. 5
Antitrust and Race
Abstract Antitrust law regulates the consolidation and abuse of economic power. One of its core tasks is to ensure that market success is not…
Hiba Hafiz