Current Issue
Race shaped property law for everyone in the United States, and we are all the poorer for it. This transformation began in the colonial era, when demands for Indian land…
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Estimating the Earnings Loss Associated with a Criminal Record and Suspended Driver’s License
As states pass reforms to reduce the size of their prison populations, the number of Americans physically incarcerated has declined. However, the number of people whose employment and related opportunities…
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New Originalism: Arizona’s Founding Progressives on Extreme Punishment
Originalism, together with textualism, has been of growing interest to legal scholars and jurists alike. Discerning and putting forth the views of “the founders” has become part and parcel of…
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The Perils of Supreme Court Intervention in Previously Technical Immigration Cases
The post-Kennedy Court has altered its approach to immigration law issues that the Court previously treated as technical. Surveying cases from 2001 through 2018 of technical issues related to the…
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Hobbes & Hanging: Personal Jurisdiction v. Choice of Law
When conduct in one state causes injury in another state, and the law at the place of injury is more favorable to the victim than the law of the place…
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The Constitution, Coronavirus, and Care: How the ACA Trilogy and the COVID-19 Pandemic Created New Bases for Medicare-for-All
American healthcare is expensive. Despite decades of attempts to make care affordable, many people in the United States remain uninsured or otherwise experience high out-of-pocket costs. H.R. 1976, the Medicare…
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