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
Apologies to Nina Simone …Brandon Terry’s extensively developed, very intense book recasts how we think about the “Civil Rights Movement,” a sequence of confrontations
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
How many kinds of hammers can you name? Most people picture a claw hammer. A few might add a rubber mallet, and gamers might imagine a medieval war hammer. Skilled trades and craft persons, however, recognize dozens of designs, each
Who wouldn’t want to control things, even after death? The chance that your surviving family will not obey your wishes after you die is exactly why you create a last will and testament. We all long to control where our
For those splashing around in the shallow water of AI Law and Policy, it’s a heady time to be mapping old laws onto transformative AI-based technologies, such as chatbots, image generators, and AI agents. But off toward the horizon in
Does the Seventh Amendment provide a taxpayer with the right to a jury before the government imposes tax penalties? This issue is live at the Tax Court, at Courts of Appeals, and at the Supreme Court. Fortunately, the tax literature
