Volume 101
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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 -
ArticleVol. 101 · Iss. 6
What is Penal Minimalism?
How much and what kind of criminal justice do fair societies need? This question underlies many of the debates on the criminal legal system…
Máximo Langer -
ArticleVol. 101 · Iss. 5
The Debt Limit
Every couple of years, it seems, the debt limit shows up to wreak havoc in American law and public finance. By capping the face…
Conor Clarke -
ArticleVol. 101 · Iss. 5
Digital Rummaging
The digital world encodes our lives with incriminating clues. How you travel, live, love, and shop are tracked through growing surveillance technologies. Police have…
Andrew Guthrie Ferguson -
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