Bentham’s account of political authority is often deeply misunderstood. Legal theorists too easily buy Hart’s critique of imperativist jurisprudence, as presented in The Concept of Law, without bothering to check what Bentham said about language, perception, fictitious entities, analysis, paraphrasis,
The election of Donald Trump to a second term has brought to power a political coalition that is alienated from—and distrustful of—the federal bureaucracy, by which I mean career officials in federal agencies (a.k.a., civil servants). The second Trump Administration
I really “like lots” Elizabeth Ford’s recently posted work-in-progress, Thin Blue Advantage: Police Exceptionalism and the Two-Tier System
Inheritance law scholarship usually addresses some form of the question: “Who gets what?” But in their remarkable new article, Uneven Ground: New Mexico as a Case Study of a Growing Rural Estate Planning Crisis, Sergio Pareja and Sophie Rane ask
In his thoughtful—and bracing—Comment, A Shield for Whom? The Disastrous Hidden Toll of Section 230 on Children, Dominic G. Roschival revisits a familiar statute with fresh urgency. He shows that a statute, enacted to furnish limited protection to fledgling
Organizations have long used individuals’ pasts to predict those individuals’ likely future behaviors. Banks look at our credit histories to predict the likelihood of on-time mortgage payments; states look at criminal histories to predict the likelihood of recidivism when making
Tax scholarship has long been concerned with poverty, redistribution, and the financing of public goods. That is why debates about wealth taxation and the developments at the UN with its Framework Convention on International Cooperation are so enduring. At the
In Access to Justice in the Age of AI: Evidence from U.S. Federal Courts, Anand V. Shah and Joshua Y. Levy, document what may be a tectonic shift in the civil justice system. According to Shah and Levy, Generative
The fact that Black Americans played a pivotal role in the formation and adoption of the Thirteenth, Fourteenth, and Fifteenth Amendments would not come as a surprise to historians of the Reconstruction period working today. Scholars ranging from W.E.B. DuBois
Rivalrous Remedies offers a novel theoretical account of chronic underenforcement. Its primary contribution is to explain and systematize an enforcement phenomenon in which courts and legislators employ
