Who Wrote This?: Modern Forensic Authorship Analysis as a Model for Valid Forensic Science

Law needs forensic science in order to assist judges and juries in accurate fact-finding. But law also needs a dependable way to distinguish between astronomy and astrology, science and pseudoscience. What is needed in order for forensic sciences to fulfill their promise in helping to achieve justice is a commitment to what Jennifer Mnookin andContinue reading “Who Wrote This?: Modern Forensic Authorship Analysis as a Model for Valid Forensic Science”

Why the End Is Here for State Death Transfer Taxes and How States Should Respond

It is time for the remaining states with death transfer taxes to consider repeal. Some state death transfer taxes have rates that give preferential treatment to bequests that are likely on the decline due to changes in household structure. State death transfer taxes, as a result of interstate competition, give incentives to people to moveContinue reading “Why the End Is Here for State Death Transfer Taxes and How States Should Respond”

Second-Best Criminal Justice

Criminal procedure reform can be understood as a “second-best” enterprise. The general theory of second best applies where an ingredient necessary for a “first-best” ordering is unattainable. That’s an apt description of the contemporary criminal process. Our normative ideals of criminal justice require fair and frequent trials to judge guilt or innocence, but the criminalContinue reading “Second-Best Criminal Justice”

Eviscerating a Healthy Church-State Separation

In its recent ruling in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court took an extraordinary step in a remarkably facile way. For the first time in its history, the Court ruled that the United States Constitution requires states under certain circumstances to provide taxpayer funds to churches and other housesContinue reading “Eviscerating a Healthy Church-State Separation”

Them Too

Discussions of sexual misconduct often focus primarily or exclusively on the parties directly involved in sexual behavior. As a result, the discussion generally centers on consent. While consent is critically important, this Article instead focuses on harms to third parties resulting from sexual behavior—regardless of whether that behavior is consensual. Doing so reveals a dynamicContinue reading “Them Too”