Article

Them Too

Nancy Leong
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 dynamic that the conversation about sexual misconduct has not yet fully acknowledged: the presence or absence…
Article

Eviscerating a Healthy Church-State Separation

Erwin Chemerinsky and Barry P, McDonald
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 houses of worship. The Court relied on the Free Exercise Clause of the Constitution to force…
Article

Second-Best Criminal Justice

William Ortman
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 criminal trial rate has been falling for at least a century; today it is vanishingly close…
Note

Confronting Forfeiture

Joshua Katz
Phil Parhamovich was pulled over on I-80 in Wyoming. He had changed lanes improperly, and his seat belt was not fastened. Seven hundred seventy-five dollars would have been a reasonable fine. Instead, Parhamovich nearly lost $91,800. The money represented his life savings; he was on his way to Wisconsin, where he planned to buy a music studio. During the traffic stop, though, under intensive questioning, he lied. When police suggested…
Note

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

Jenny L. Juehring
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 move states, underreport death transfers, and use other tactics to avoid a state death transfer tax.…
Commentary

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

Janet Ainsworth and Patrick Juola
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 and her colleagues have called a “research culture” in forensic practice. In this article, we have…