Article
The Radical Roots of the Representative Jury
Today, most Americans accept that the jury is supposed to be a fair cross-section of the community. But where did that idea come from? This Article recovers the forgotten stories of the radical litigants, criminal defendants, and social movements whose decades-long work reshaped the jury.
30 Nov 2025
Criminal Procedure • Legal History • Sixth Amendment • Civil-Rights Law
Article
The Hand Formula’s Unequal Inputs
Tort law’s famous Hand Formula does not align with how laypeople judge whether conduct is reasonable. Five original experiments demonstrate that the Hand Formula fails to capture the outsized, Kantian role that risks play in lay reasonableness judgments. The Article explores the implications of this misalignment for theory and practice.
30 Nov 2025
Feature
Charitable Giving and Civil Rights: A Defense of Private Remedial Action
Critics argue that the Civil Rights Act of 1866 prevents charitable giving based on race. This Feature defends these charitable contributions as consistent with both the 1866 Act and tax-exemption law. Far from illegal, such private remedial action furthers the freedom of association and should remain protected under law today.
30 Nov 2025
Note
Writing a Rule for the Aegis: Subordinate Criminal Liability After Trump v. United States
The President is criminally immune. But what about the rest of government? This Note demonstrates that immunities crafted for the President often creep downward to shield executive-branch officials. Mapping this drift to criminal law, it explains why Trump v. United States threatens accountability and offers judicial interventions to stop it.
30 Nov 2025
Note
Lawful Ends to Unlawful Wars: Coercion and Voidness in Peacemaking
Many prominent calls for compromise between Russia and Ukraine neglect a binding rule of international law: a treaty by which an aggressor extracts concessions in exchange for peace is void. This Note unpacks the prohibition on coerced treaties and suggests how the war in Ukraine can be ended lawfully.
30 Nov 2025