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Much of the Supreme Court’s contemporary Fourth Amendment exclusionary rule jurisprudence is constructed upon an...
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We are at the cusp of a historic shift in our conceptions of the Fourth...
In a line of cases beginning with United States v. Calandra, the Court has created...
How central should hedonic adaptation be to the establishment of sentencing policy?
In earlier work,...
It is sometimes the case that a debate goes off the rails so early that...
This article is squarely opposed to views advanced by Eric Posner, Adrian Vermeule, and others...
In a series of recent high-profile articles, a group of contemporary scholars argue that the...
In his engaging article "Retributivism and Reform," published in the Maryland Law Review, Chad Flanders...
This essay, written for the 2009 Constitutional Schmooze, explores the complex role of religion as...
The doctrine of odious debts came into its full in the eighteenth and early nineteenth...
The burgeoning literature on transjudicialism and constitutional comparativism generally reaffirms the familiar lines of contest...
Transitional justice asks what successor regimes, committed to human rights and the rule of law,...
This is a review essay of Eric Posner and Jack Goldsmith's fascinating book, The Limits...