James Madison wrote that the Constitution’s meaning could be “liquidated” and settled by practice. But the term “liquidation” is not widely known, and its precise meaning is not understood. This Article attempts to rediscover the concept of constitutional liquidation, and thereby provide a way to ground and understand the role of historical practice in constitutional…
As the United States’s prison and jail populations have skyrocketed, a wealth of empirical scholarship has emerged on the benefits and costs of incarceration. The benefits, from an empirical perspective, consist of the amount of crime prevented by locking people up, as well as the value of that prevented crime to society. The costs consist…
A firm is not a black box with a pipe sticking out of it. Firm managers make decisions with environmental consequences long before pollution comes out of a pipe or a smokestack. Corporate law governs how firms are created and the duties their managers owe to firm stakeholders. Securities regulations govern the information that firms…
In Missouri v. Seibert, the U.S. Supreme Court outlawed police officers’ use of “question-first” tactics to obtain admissible confessions. But despite the government’s increased efforts to incorporate a criminal justice component into counterterrorism strategy, the Court has never applied Seibert to two-step counterterrorism interrogations, nor considered the effect that a confession given during an intelligence…
