Vol. LVI No. 2

The Case for Writing International Law into the U.S. Code

Abstract: In recent years, the U.S. judiciary has taken steps to limit the role played by international law in the U.S. legal system. This Article seeks to explain this retreat and to identify ways by which it may be reversed. It argues first that the present judicial retreat from international law is attributable to two […]

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The Myth of the Double-Edged Sword: An Empirical Study of Neuroscience Evidence in Criminal Cases

Abstract: This Article presents the results of my unique study of 800 criminal cases addressing neuroscience evidence over the past two decades (1992–2012). Many legal scholars have theorized about the impact of neuroscience evidence on the criminal law, but this is the first empirical study of its kind to systematically investigate how courts assess the […]

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Jury Sentencing and Juveniles: Eighth Amendment Limits and Sixth Amendment Rights

Abstract: Across the country, states are grappling with how to comply with the U.S. Supreme Court’s recent decision in Miller v. Alabama, which held that mandatory life-without-parole sentences for juveniles violate the Eighth Amendment. Following Miller, it appears a sentencer may impose life without parole on a juvenile homicide offender only in those rare instances […]

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The Psychic Cost of Tax Evasion

Abstract: Each year, the government loses hundreds of billions of dollars in tax revenue due to underreporting by individual taxpayers. According to standard deterrence theory, policymakers should be able to reduce tax evasion by increasing tax penalties, raising the audit rate, or some combination of the two. This Article refers to these strategies as increasing […]

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Moneyball Sentencing

Abstract: Sentencing is a backward- and forward-looking enterprise. That is, sentencing is informed by an individual’s past conduct as well as by the criminal justice system’s prediction of the individual’s future criminal conduct. Increasingly, the criminal justice system is making these predictions on an actuarial basis, computing the individual’s risk of recidivism according to the […]

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Cy Pres Settlements: Problems Associated With the Judiciary’s Role and Suggested Solutions

Abstract: Class action settlements frequently generate funds that are never collected by class members. This creates problems associated with determining how these funds should be allocated. This Note discusses one mechanism for distributing unclaimed settlement funds—cy pres distributions to charitable organizations that advance interests in line with those of the class members. This Note discusses […]

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Playing a “Labeling Game”: Classifying Expression As Conduct As a Means of Circumventing First Amendment Analysis

Abstract: Courts have long recognized that the First Amendment protects both certain classes of speech and certain forms of conduct. Recently, in the context of state regulations prohibiting a particular form of counseling, courts have considered whether mental health counseling in the form of talk therapy falls within the category of conduct protected under the […]

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The Kids Are Not All Right: Using the Best Interest Standard to Prevent Parental Alienation and a Therapeutic Intervention Approach to Provide Relief

Abstract: Parental alienation, when one parent engages in behaviors to turn a child against the other parent, is a serious problem. Such behavior can manifest following a parents’ divorce or separation and can have long-lasting and damaging effects on children. Although both family law and tort law offer various remedies for parental alienation, this Note […]

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Socialized Is Not a Dirty Word: The Only Just and Reasonable Method for Assigning the Costs of High-Voltage Interstate Transmission Lines Is To Socialize Them

Abstract: Following the federal government’s requirement that electric utilities must allow other power generators to use their transmission lines, investment in the United States electric grid has faltered. The effects of underinvestment in the grid have limited the proper function of competitive energy markets and stifled investment in renewable energy sources. The Federal Energy Regulatory […]

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