Category: Print

By Rosemarie C. McCormack. When the U.S. Supreme Court decided Dobbs in 2022, Arizona had several conflicting abortion-related statutes and injunctions in place. During this post-Roe uncertainty, Arizona Governor Katie Hobbs issued an Executive Order that vested all prosecutions of abortion-related…

By Michael Weingartner.  In Moore v. Harper, the Supreme court rejected the most extreme version of the Independent State Legislature Theory, which would have insulated state election laws from state courts and state constitutions, but left open a path for federal…

By Matthew Slovin. Esteemed Supreme Court correspondents have reported that the Dobbs leak impacted deliberations by locking in the vote count. This Article argues that such "deliberative interference" undermines the legitimacy of the Court's decision. It also proposes strategies for how…

By Kaleigh A. Ruiz. Existing work on gender and the judiciary traditionally finds that women and men on the court decide cases similarly. However, given what we know about women in other American institutions, it's possible that gender differences exist in…

By Paul J. McMurdie, Lexi Carroll, Rebecca Freed, & Eric M. Wilkins. A jury must be fairly representative of its community to effectuate the Sixth Amendment right to a jury trial. Yet historically, trial attorneys have used peremptory challenges to remove…

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…