Most Recent Print Issue

Volume 77, Issue 1


Article

Speech Certainty: Algorithmic Speech and the Limits of the First Amendment

by  Mackenzie Austin & Max Levy

Machine learning algorithms increasingly mediate our public discourse—from search engines to social media platforms to artificial intelligence companies. As their influence on online speech swells, so do questions of whether and how the First Amendment may apply to their output. A growing chorus of scholars has expressed doubt over whether the output of machine learning…

Article

Stereotypes as Character Evidence

by  Hillel J. Bavli

Base rate evidence often connects a defendant to an act through the defendant’s membership in a certain population. It includes evidence arising from forensic analysis, criminal profiling, statistical analysis, artificial intelligence, and many other common and emerging scientific methods. But while this evidence is prevalent in civil and criminal trials, it is poorly understood, and…

Article

Asset Forfeiture and Inequality

by  Stephanie Holmes Didwania

Under the law of asset forfeiture, a person loses ownership of money and property that were used in or constitute the proceeds of a crime. Asset forfeiture is a significant financial consequence for people who have (in some cases, tenuous) contact with the criminal system. Asset forfeiture also is a crucial way that federal, state,…

Note

Gunmaking at the Founding

by  Graham Ambrose

Homemade guns are being used in a growing number of crimes across the United States, creating what gun control organizations describe as the fastest-growing threat to public safety in America. States and the federal government are cracking down. New laws criminalize gunmaking without a license, prohibit the sale or transfer of homemade guns, and even…

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Recent Online Essays

California, an Island?

Lincoln L. Davies and Stephanie Lenhart warn that the energy future of the Western United States will be determined by the choices California makes over the next two years. Davies and Lenhart urge California to move towards a regional western electricity market to improve energy efficiency, reliability, and sustainability, and to avoid isolating California’s electricity market.

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The Pardon Power and Federal Sentence-Reduction Motions: A Response to Yost and Flowers

In his response to Ohio Attorney General Dave Yost and former Ohio Solicitor General Benjamin Flowers, Jaden Lessnick argues that the federal sentence-reduction statute (18 U.S.C. § 3582(c)(1)(A)) is not preempted by the presidential pardon power. Lessnick contends that the statute does not offend the traditional separation-of-powers principle, and preemption is not justified under the unitary executive theory.

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Alternative Action After SFFA

Prof. Kim Forde-Mazrui of the University of Virginia responds to Sonja Starr’s print Article, The Magnet School Wars and the Future of Colorblindness. Forde-Mazrui argues that even if courts adopt the “ends-colorblindness” framework described by Starr, “alternative action” policies meant to promote diversity may still be constitutionally permissible.

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The Making of the A2J Crisis

Access to justice has become a defining legal and political issue. In this Essay, Nora Freeman Engstrom and David Freeman Engstrom work to identify the cause of the Access to Justice Crisis.

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The Criminally Complicated Copyright Questions about Trump’s Mugshot

The mugshot taken of Donald Trump in connection with his Georgia criminal prosecution has become one of the defining political images of the time. In this Essay, Cathay Y. N. Smith discusses who owns the copyright to this iconic photo.

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