Property Frames

Jonathan Remy Nash and Stephaine M. Stern
Property law confronts circumstances where owners’ excessive perceptions of their ownership rights impose social costs, frustrate policy goals, and hamper the very institutions meant to support private property. Groundbreaking research in cognitive framing suggests an answer to the question of how to selectively attenuate (or strengthen) ownership perceptions. In a novel application of this research, we contend that property law may “set frames” for individual owners. Specifically, we hypothesize that…

Theorizing the Charitable Tax Subsidies: The Role of Distributive Justice

Distributive justice plays a starring role in many fundamental tax policy debates, from the marginal rate structure to the choice of base to the propriety of wealth transfer taxes. In contrast, current tax scholarship on the charitable tax subsidies generally either ignores or explicitly disavows distributive justice concerns. Instead, it focuses on the efficiency and pluralism-enhancing advantages of having charities provide public goods instead of or in addition to the…

Does the Eighth Amendment Punishments Clause Prohibit Only Punishments That Are Both Cruel and Unusual?

Meghan J. Ryan
There is a great struggle in the United States between proponents of the death penalty and death penalty abolitionists who believe that the practice is cruel and even unconstitutional. Although the punishment of death is enshrined in the Fifth and Fourteenth Amendments of the Constitution, the Supreme Court seems to have followed its moral compass in chipping away at the death penalty because of the cruelty of the practice. The…

Pics, Grutter, and Elite Public Secondary Education: Using Race As a Means in Selective Admissions

Samar A. Katnani

Left Behind, and Then Pushed Out: Charting a Jurisprudential Framework to Remedy Illegal Student Exclusions

Davin Rosborough

Closing the Legislative Experience Gap: How a Legislative Law Clerk Program Will Benefit the Legal Profession and Congress

Dakota S. Rudesill
In this gloomy hiring season there is at least one increasingly bright spark, one that may light the way to a new kind of apprenticeship experience for future participants in the highly competitive national clerkship market. Pending in the U.S. Senate is House Bill 151, and its Senate companion, Senate Bill 27, that would for the first time create a law clerk program in the U.S. Congress analogous to other…