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
Jotwell is a legal blog published by Jotwell that features scholarly commentary and reviews on recent legal scholarship across diverse areas of law. It covers topics including copyright law and its application to natural objects and AI-generated works, legal issues in healthcare such as primary care access and liability, historical and contemporary family law focusing on parental rights and family regulation, the intersection of law and food policy addressing food waste and structural inequalities, and empirical studies on constitutional law matters like Fourth Amendment search and seizure practices. The blog highlights emerging legal debates and interdisciplinary approaches to understanding law's role in society.
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…
In early twentieth-century South Africa, the Gordonia School Board refused admission to two children on the grounds that they were not of “European parentage.”<a href=”https://juris.jotwell.com/can-law-speak-against-itself/#easy-footnote-bottom-1-3315″ title=”This decision was ultimately upheld in Moller v. Keimoes School District 1911 AD 635.” target=”_blank”>1…
In Criminal Justice in Divided America, David Sklansky argues that populist democracy has been a significant cause of our criminal justice problems and that those problems, in turn, are largely responsible for the continued degradation of American democracy. But he…
Gentrification occupies an uneasy place in property scholarship. It is often invoked as evidence of property’s distributive failures: market allocation displaces vulnerable residents, concentrates capital, and entrenches inequality. In A Civil Rights Defense of Gentrification, Professor Carol Brown challenges…
The rule of law matters. But what it requires is, as Jeremy Waldron famously observed, “essentially contested.”<a href=”https://juris.jotwell.com/the-rule-of-law-through-thick-and-thin/#easy-footnote-bottom-1-3307″ title=”Jeremy…
Working with Statutes is a love letter to administrative agencies, and, if I may be so bold, to those of us who have been privileged to serve as their custodians.Anya Bernstein and Cristina Rodriguez make a case for agency legitimacy rooted…