Reentry Services for the Removed

Written By: Eda Katharine Tinto

Abstract  Response to Amy F. Kimpel, Coordinating Community Reintegration Services for “Deportable Alien” Defendants: A Moral and Financial Imperative Each year, thousands of individuals are released from prisons in the United States. Reentry services—services aimed at helping an individual reintegrate into the community upon his or her release—have long been neglected as an afterthought of […]

Rural Resentment and LGBTQ Equality

Luke A. Boso

Abstract In 2015, the U.S. Supreme Court in Obergefell v. Hodges settled a decades-long national debate over the legality of same-sex marriage. Since Obergefell, however, local and state legislatures in conservative and mostly rural states have proposed and passed hundreds of antiLGBTQ bills. Obergefell may have ended the legal debate over same-sex marriage, but it […]

Learning to Live with Judicial Partisanship: A Response to Cassandra Burke Robertson

Written By: Bruce A. Green and Rebecca Roiphe

Abstract Response to Cassandra Burke Robertson, Judicial Impartiality in a Partisan Era In her article, Judicial Impartiality in a Partisan Era, Professor Cassandra Burke Robertson suggests that even if judges make a conscious effort not to decide cases based on partisan political identification, they may unconsciously bring their partisan views to bear. Doing so may […]

Etched in Stone: Historic Preservation Law and Confederate Monuments

Jess R. Phelps and Jessica Owley

Abstract This Article examines the current controversy regarding Confederate monuments. While many have focused on the removal of these commemorative objects, the legal framework regarding their protection has not been fully explored. This Article provides an in-depth understanding of the application of historic preservation laws to monument removal efforts and examines the impact of these […]

A View of Copyright from the Digital Ground

Andres Sawicki

Abstract Response to Cathay Y. N. Smith, Beware the Slender Man: Intellectual Property and Internet Folklore Professor Cathay Smith’s Beware the Slender Man: Intellectual Property and Internet Folklore seems at first to fit comfortably within the creativity-without-IP literature, which shows that creative practices can thrive outside of the institutions built up around intellectual property law. […]

Regulation and the Marginalist Revolution

Herbert Hovenkamp

Abstract The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. For the classical political economists, value was a function of past averages. Marginalism substituted forward looking theories based on expectations about firm and market performance. Marginalism swept through university economics, and by 1920 or so virtually every […]