Category: Print

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…

Daniel Kolomitz. Disasters such as Fukushima, Three Mile Island, and Chernobyl have raised public awareness of the dangers of nuclear energy. However, despite this risk, nuclear energy supplies twenty percent of the electricity in the United States. Much of this…

Tamara Rice Lave. This Article looks critically at the procedural protections American universities give students accused of sexual assault. It begins by situating these policies historically, providing background to Title IX and the different guidelines promulgated by the Department of…

Catherine A. O’Neill. Back in 1973, the tuna industry wanted to know how much fish Americans were eating. After asking 7,662 households to record their daily fish intake, the answer came back: people ate fish, but not very often—about once…

Daniel Peabody. In one of the darkest moments of United States jurisprudence, Chief Justice Roger Taney listed a “parade of horribles” that would result if freed African-Americans were considered “citizens.” This list included the idea that “persons of the negro…