Below the Surface: Comparing Legislative History Usage by the House of Lords and the Supreme Court

This Article offers the first empirical examination of how often, and in what ways, Britain’s highest court has used previously excluded legislative history materials in its judicial decisions. It also represents the first effort to compare legislative history treatment between the Law Lords and the Supreme Court. The Article’s comparative inquiry identifies differences in the frequency with which legislative history is invoked in each Court’s decisions and offers explanations for…

What Are We Comparing in Comparative Negligence?

This Article begins the formal study of how juries should calculate the percentages of negligence they are required to provide. Based on the standard model of negligence from law and economics, I will provide a specific framework for juries to use. This framework determines fault assessment based on different kinds of negligence torts. I distinguish among the methods of apportionment by examining the incentives they give for the parties to…

Banishment by a Thousand Laws: Residency Restrictions on Sex Offenders

Corey Rayburn Yung
In this Article, I argue that the establishment of exclusion zones by states and localities is a form of banishment that I have termed “internal exile.” Internal exile is an uncommon practice in modern developed societies. Consequently, the increasing emergence of exclusion zones is a development that could fundamentally alter basic principles of the American criminal justice system. This Article is structured as follows: Part I explores the history and…

Charity Starts in the Womb: New Research Should Allow Healthy Embryos and Federally Funded Stem Cell Research to Coexist

Elizabeth A. Holman