Reassigning Batson: A Modern Approach

Max Angel

Abstract In Batson v. Kentucky, the Supreme Court of the United States held that using peremptory challenges to strike jurors solely on their race violates the Equal Protection Clause. Following that decision, the Supreme Court extended Batson to gender-based peremptory challenges, holding that state-sponsored group stereotypes rooted in historical prejudice that bars a potential juror […]

The Legal Primacy Norm

Asaf Raz

Abstract Corporate law scholarship revolves around two polar conceptions, known as “shareholder primacy” and “corporate social responsibility.” This Article takes the literature in a new direction, arguing that the current dichotomy misses a crucial aspect of corporate law: its norm of legal primacy. Any pursuit of profit, by the corporation, is legally permitted only within […]

Models of Bail Reform

Brandon L. Garrett

Abstract Bail reform is an urgent topic in the United States and internationally, but what constitutes reform and how to accomplish reform goals is contested. Jails are a modern epicenter of incarceration, with a stunning growth in American jail populations over the past four decades despite declines in both arrests and crime. As many as […]

Religious Covenants

Nicole Stelle Garnett & Patrick E. Reidy, C.S.C.

Abstract When religious institutions alienate property, they often include religiously motivated deed restrictions that bind future owners, sometimes in perpetuity. These “religious covenants” serve different purposes and advance different goals. Some prohibit land uses that the alienating faith communities consider illicit; others seek to ensure continuity of faith commitments; still, others signal public disaffiliation with […]

The Evolving Standards, As Applied

William W. Berry III

Abstract In Jones v. Mississippi, the Supreme Court of the United States adopted a narrow reading of its Eighth Amendment categorical bar on mandatory juvenile life-without-parole (JLWOP) sentences. Specifically, the Court rejected Jones’s claim that the Eighth Amendment categorical limit required a sentencing jury or judge make a finding of permanent incorrigibility—that the defendant is […]

In Search of the Presumption of Regularity

Aram A. Gavoor & Steven A. Platt

Abstract The presumption of regularity is an imprecise principle that federal courts apply in varying ways to presume federal officers and employees lawfully and consistently discharge their official duties. The presumption gained national significance during the Trump Administration in several key cases in which it was implicated, but the contours of the presumption were never […]