Current Issue

The Institutional Design of Punishment

For the past 40 years, policymakers have engaged in a debate over which institution should wield the principal power over punishment. Should courts and parole boards have the dominant role…
Read More

Object as Obligation in Property

In Texaco Inc. v. Short, Justice Stevens quoted: “Property interests, of course, are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules…
Read More

The Madness of Insane Delusions

In the United States, the law of wills professes to be organized around the principle of freedom of testation. “Work and earn and save,” it says, “so that you can…
Read More