Category: Past Issues

By Matthew D. Kim. This Article explores whether elected judges' fear of electoral backlash for countermajoritarian decisions is justified. The results from survey experiments and a dataset of online and social media coverage suggest that voters value principled legal analysis and…

By Jacob Bronsther & Guha Krishnamurthi. In this Article, the authors continue their work on a new solution to legislative dysfunction in Washington: optional legislation. Imagine that states could opt in to a new federal program—say, Universal Basic Income or Medicare…

By Victoria Warkins.  Imagine you have just landed a new job at a restaurant. You’ve jumped through all the hoops and signed all the paperwork to get started. You’ve even completed a six-week training process as part of your employment.…

By Benjamin Sundholm. In general terms, artificial intelligence can be defined as a constellation of capabilities and technologies enabling a computer system to accomplish tasks that ordinarily require the application of human intelligence. This technology has been used in medical care…

By Hayley Stillwell. “[I]t is better that ten guilty persons escape than that one innocent suffer.” The principle that a criminal justice system should err on the side of acquittals—even acquittals of the guilty—to avoid convicting the innocent is a cornerstone…

By Amanda Shanor. No lie has captured recent national attention as dramatically as the “Big Lie”—the false allegation that the 2020 election was stolen from then-President Trump. That lie fueled the storming of the U.S. Capitol on January 6, 2021, and…

By Isabella Santos. Temecula is a small community of fewer than 200,000 people, nestled in a Southern California valley dotted with wineries. Despite presumptions of quiet pastoralism, this community has recently been embroiled in controversy, attracting interest nationwide––and it’s the kids…

By Spencer Williams.  Consider a hypothetical consumer-to-consumer contract: Alice wants to sell her car to Bob. Alice and Bob are not lawyers, nor do either of them have any prior experience buying or selling used cars. Having agreed on a…

By Ryan T. Williams. U.S. Presidents face significant political and social pressures to bring home Americans unjustly detained in foreign countries, as illustrated by the exchange of Viktor Bout, “the Merchant of Death,” for Brittney Griner. Griner was the first U.S.…

By Adi Goldiner. As the opioid epidemic continued to devastate lives, families, and communities, legal scholars and practitioners have joined medical experts in seeking ways to improve the social response to this unprecedented crisis. There is a growing group of scholars…