Category Archives: Jurisprudence

Jonathan Remy Nash, Expertise and Opinion Assignment on the Courts of Appeals: A Preliminary Investigation

This Article examines the role of expertise in judicial opinion assignment and offers four contributions: First, this Article develops a general theory of opinion assignment on multimember courts. Second, this Article uses that theory to predict how expertise might influence … Continue reading

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Kevin J. Lynch, The Lock-in Effect of Preliminary Injunctions

One important bias economists and psychologists have identified is the lock-in effect. The lock-in effect causes a decision maker who must revisit an earlier decision to be locked in to that earlier decision. The effect is particularly pronounced where the … Continue reading

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Deborah Thompson Eisenberg, Regulation by Amicus:The Department of Labor’s Policy Making in the Courts

This Article examines the practice of “regulation by amicus”: that is, an agency’s attempt to mold statutory interpretation and establish policy by filing “friend of the court” briefs in private litigation. Since the United States Supreme Court recognized agency amicus interpretations as a … Continue reading

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Naomi Harlin Goodno, When the Commerce Clause Goes International: A Proposed Legal Framework for the Foreign Commerce Clause

The world is becoming a smaller place. Technology and the Internet have made global travel and communication easier, quicker, and more common. Novel legal issues arise every day to deal with this modern interconnected world. How does the law address … Continue reading

Posted in Commercial Law, Constitutional Law, Jurisprudence | Comments Off

Steven Nauman, Brown v. Plata: Renewing the Call to End Mandatory Minimum Sentencing

After more than twenty years of litigation, the United States Supreme Court finally determined whether California’s overcrowded prison system created a constitutional violation in Brown v. Plata. With prisons and jails across the country operating at well over 100% capacity, … Continue reading

Posted in Criminal Law, Criminal Procedure, Jurisprudence | Comments Off

Mariko K. Shitama, Bringing Our Children Back From the Land of Nod: Why the Eighth Amendment Forbids Condemning Juveniles to Die in Prison for Accessorial Felony Murder

Over 2,589 individuals sit in prison, where they have been condemned to die for crimes they committed before their eighteenth birthday. At least a quarter of these individuals received this sentence for accessorial felony murder, or a crime in which they … Continue reading

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