Civil Law
by David B. Smith and Stefan D. Cassella
Vol. 100 No. 4 (2016) | Steady As She GoesUnder federal law, property is forfeited if it is contraband, if it is an instrumentality of a criminal offense, or if it is constituting, derived from, or traceable to any […]
Law & Culture, Judging
by Keith Swisher and Eugene Volokh
Vol. 101 No. 1 (2017) | Citizen-centered CourtsIn August 2016, the American Bar Association amended its model rules of professional conduct by banning professional conduct that constitutes harassment or discrimination. Some cheer the new rule as a […]
Law & Culture, Judging, Federal Courts
by Kyle Hawkins, Clark Neily, Fred Smith Jr. and Jay Schweikert
Vol. 104 No. 3 (2020-21) | Judges on the MarchJudicial doctrine is rarely the subject of public conversation. So it was once for qualified immunity, which rested for many centuries in a kind of lawyerly tomb — largely the […]
Civil Law, Federal Courts
by John H. Beisner and Brian Fitzpatrick
Vol. 104 No. 2 (2020) | Coping with COVIDShould conservatives embrace class actions as the alternative to government regulation for policing corporate misconduct? Affection for the class-action lawsuit has typically split along political lines, with conservatives traditionally balking […]
Law & Culture, Federal Courts, Constitutional Law
by James Huffman and Gerald Torres
Vol. 104 No. 1 (2020) | A Clearer ViewPOINT / COUNTERPOINT Climate change has taken center stage politically and socially. As fires raged in Australia, glaciers continued a steady melt, and the winter of 2020 tracked to become […]
Law & Culture, Federal Courts
by Frank S. Ravitch and Brett G. Scharffs
Vol. 102 No. 1 (2018) | Forensic FailPOINT / COUNTERPOINT A baker refuses to create a wedding cake for a same-sex couple because of his religious views on same-sex marriage. The couple claims the baker’s refusal violates […]
Federal Courts, Constitutional Law
by Amanda Frost and Samuel Bray
Vol. 102 No. 3 (2018) | Crowdsourcing and Data AnalyticsNationwide injunctions have been much in the headlines in recent years. Since 2008, lower federal courts have issued dozens of injunctions to block government policies from being enforced not just […]
Technology
by Douglas Nazarian and Barbara Berenson
Vol. 101 No. 4 (2017) | Equal opportunity?Social media applications have become ubiquitous in modern communication. But the use of these applications presents unique challenges for judges, who are not only judicial officers but also parents, community […]
