Volume 97

Issue 2

  • ArticleVol. 97 · Iss. 2

    Technologically Distorted Conceptions of Punishment

    Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial—meaning statistical—assessments of a defendant’s recidivism risk in state sentencing…

  • ArticleVol. 97 · Iss. 2

    Interstitial Space Law

    Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties…

  • ArticleVol. 97 · Iss. 2

    Criminal Clear Statement Rules

    There is a broad consensus in the criminal justice community that our criminal statutes are a mess: They are imprecise, overly broad, and overly…

  • ArticleVol. 97 · Iss. 2

    Evidence-Based Lawyer Regulation

    The legal profession is losing its authority over the regulation of legal services. Recent changes in antitrust law have put state bar associations under…

  • CommentaryVol. 97 · Iss. 2

    Exploiting Pre-Existing Beliefs

    Advertisements and product labels for a wide range of consumer and investment products have highlighted product characteristics that some people erroneously believe make them…

  • NoteVol. 97 · Iss. 2

    Blockchain Prediction Markets: Where They Came From, Why They Matter & How to Regulate Those Involved

    The basis of CFTC prediction market jurisdiction stems from its interpretation of trades in prediction markets as swaps of commodity futures and options contracts. …

  • NoteVol. 97 · Iss. 2

    Border Searches of Electronic Devices

    In fiscal year 2018, U.S. Customs and Border Protection (“CBP”) searched 33,295 electronic devices at the border without first needing a warrant.  In fiscal…