LATEST SCHOLARSHIP

Jail Suicide by Design

Abstract Jeffrey Epstein’s death in the federal jail in downtown Manhattan was the result of a conspiracy.  But the conspirators were not the Clintons, President Trump, or Prince Andrew.  Instead, his death, like too many others, was the result of a...

Misgendering as Misconduct

Abstract As litigation regarding the civil rights of transgender persons blossoms, a curious trend has emerged: In briefs, pleadings, and motions advocating anti-trans positions, attorneys have addressed trans parties with language at odds with...

Abortion Regulation as Compelled Speech

This Article outlines a novel First Amendment compelled speech claim against a growing body of abortion restrictions, including fetal demise and burial laws, premised on a state interest in “expressing respect for potential life.” It weaves...

Reversal Rates in Capital Cases in Texas, 2000–2020

A death row inmate who challenges either his conviction or sentence in postconviction proceedings can be said to succeed if he obtains either a new guilt-phase trial, a new sentencing-phase trial, or a commutation of his death sentence. This Article...