Intentional Blindness

Ian Haney-López

Interpreting the Fourteenth Amendment’s guarantee of “equal protection,” the Supreme Court applies two basic approaches to charges of racial discrimination. If the challenged action expressly invokes race, the Court employs a colorblindness rule. Absent a direct reference to race, the Court demands proof of a discriminatory purpose under intent doctrine.… Read More »

Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders

Michael A. Helfand

I. Marching Toward the New Multiculturalism
Multiculturalism has long served as a principle unifying various philosophical, political, and sociological programs that place a high value on culture and cultural groups. Yet within this tradition lies a recent trend toward a “new multiculturalism,” which focuses not simply on principles of recognition… Read More »

The Forgotten History of Foreign Official Immunity

Chimène I. Keitner

Introduction
In Samantar v. Yousuf, the Supreme Court held that the common law, not the Foreign Sovereign Immunities Act (FSIA), governs the immunity of current and former foreign officials from legal proceedings in U.S. courts. Lower courts must now identify and apply these “common law” rules. In so doing, they must determine whether,… Read More »

A Cautionary Note to Readers of Professor Volokh’s “Cautionary Note”

Pratheepan Gulasekaram - Santa Clara University School of Law

[Editor's note: This comment is in response to a comment by Professor Eugene Volokh on following law review article: Pratheepan Gulasekaram, "The People" of the Second Amendment: Citizenship and the Right To Bear Arms, 85 N.Y.U. L. REV. 1521 (2010). Professor Volokh's comment is also available on the Legal Workshop.]… Read More »

A Cautionary Note for Readers of “The People” of the Second Amendment: Citizenship and the Right To Bear Arms

Eugene Volokh - UCLA School of Law

[Editor's note: This comment is in response to the following law review article: Pratheepan Gulasekaram, "The People" of the Second Amendment: Citizenship and the Right To Bear Arms, 85 N.Y.U. L. REV. 1521 (2010). Professor Gulasekaram's response is also available on the Legal Workshop.]
I read with interest “The People”… Read More »

Changing the People: Legal Regulation and American Democracy

Tabatha Abu El-Haj - Drexel University, Earle Mack School of Law

Introduction
In modern America, law pervades the practice of democratic politics—from the regulation of public assemblies to the minutiae of election administration—and the Supreme Court is perpetually asked to adjudicate political disputes. While we take this highly regulated political process for granted, it has not always been this way.
Today’s… Read More »

Sorting Guilty Minds

Francis Shen & Morris Hoffman & Owen Jones & Joshua Greene & René Marois

Every crime consists of an illegal act committed with a guilty mind. Proving the act alone is rarely enough because the law typically does not criminalize accidents. Yet while the distinction between accidents and non-accidents seems straightforward, punishing the “guilty mind”—as students quickly learn and practicing attorneys well know—is much… Read More »

The Disutility of Injustice

Paul H. Robinson & Geoffrey P. Goodwin & Michael D. Reisig

The past half-century has seen a continuing debate between “retributivists,” who view deserved punishment as a value in itself that does not require further justification, and “instrumentalists,” who view punishment as justified only if it brings about a greater good—typically the avoidance of future crime. That avoidance of crime has… Read More »

Tax Deregulation

Steven A. Dean - Brooklyn Law School

What is Tax Deregulation?
Even before the financial crisis thrust deregulation into the headlines, scholars spent decades debating its costs and benefits. Oddly, this is not the case with tax deregulation. Although lower tax rates and reduced tax complexity figured prominently in tax scholarship of that earlier period, tax deregulation… Read More »

Improving the Protection of Species Endangered in the United States by Revising the Distinct Population Segment Policy

Allison Westfahl Kong

Introduction
This editorial summarizes my forthcoming Note, 85 N.Y.U. L. REV. 358 (2010), wherein I argue that the Distinct Population Segment (DPS) Policy should be revised to allow the listing of species that are endangered solely within the United States.
Someday in the future, Americans may be distressed to discover that… Read More »

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