Category: Past Issues

Carlton J. Patrick. While serving as Secretary of Defense under George W. Bush, Donald Rumsfeld once responded to a reporter’s question by famously dividing knowledge into three categories: known knowns (the things we know we know), known unknowns (the things…

Owen D. Jones. Law has two problems. Step back far enough from the particulate nature of law as we daily experience it—from the contracts, courtrooms, and codes, from the policies, patents, and police—and then the nationally and locally and topically…

Bruce R. Huber. Systems of political checks and balances, so prominently featured in the U.S. Constitution, are also commonly installed in statutory and regulatory regimes. Although such systems diffuse political authority and may facilitate participation and accountability, they come with…

Carissa Byrne Hessick. Courts have construed the right to due process to prohibit vague criminal statutes. Vague statutes fail to give sufficient notice, lead to arbitrary and discriminatory enforcement, and represent an unwarranted delegation to law enforcement. But these concerns…

Michael D. Guttentag. This article, a contribution to a symposium celebrating the twentieth anniversary of the Society for Evolutionary Analysis in Law, applies evolutionary analysis to the study of disclosure regulation. I consider how an evolutionary perspective can improve our…

Betsy J. Grey. Courts traditionally have been reluctant to admit PTSD evidence in rape cases. Prosecutors often attempt to introduce such evidence to establish that the victim did not consent to the sexual contact, but courts have been concerned that…

Mark W. Bennett. Juries are deeply enshrined by the U.S. Constitution and firmly embedded in our system of justice. Thus, it is surprising that jurors do not yet have something akin to their own widely adopted bill of rights. Regrettably,…

Clay Calvert. Using the U.S. Supreme Court’s 2015 opinion in Williams-Yulee v. Florida Bar as an analytical springboard, this Article examines the slipperiness—and sometimes fatalness—of the underinclusiveness doctrine in First Amendment free-speech jurisprudence. The doctrine allows lawmakers, at least in…

Derek Flint. The picnic was probably supposed to be an opportunity for the employees of the U.S. parent company to socialize with their counterparts in the Mexican subsidiary. The picnic’s planners likely imagined an afternoon of good, clean fun in…

Jill I. Goldenziel. How does international law protect migrants? For the most part, it does not. Of the millions of people who flee persecution, conflict, and poverty each year, international law protects only refugees: those who flee persecution on the…