CategoryPrint

Abstract Federal law has long prohibited insider trading in securities such as stocks and bonds. Yet many other financial assets—particularly derivatives and commodities—have historically fallen outside those rules. This Article asks why insider trading is penalized for some assets but not others. It argues that the goals of insider trading law are often pursued through alternative mechanisms...

Abstract Criminal defendants increasingly face the risks of digital evidence. These risks include intentional manipulation, accidental alteration, and even the threat that visual displays like footage or data visualizations lure viewers into an unquestioning acceptance of events as they seem to have unfolded. Some scholars have deemed the U.S. evidence system responsive to issues like intentional...

Abstract This Article argues that today’s anti-CRT statutes, book bans, and “divisive concepts” laws are not isolated culture-war skirmishes but the latest chapter in a long campaign—dating back to the Lost Cause and the United Daughters of the Confederacy—to legislate white innocence as national identity. By sanitizing slavery, suppressing discussions of systemic racism, and threatening...

Abstract Private surveillance is rapidly reshaping public space. With inexpensive storage, widespread amplification, and integrated data sharing, modern surveillance networks operate with unprecedented scale, prevalence, and influence. Unlike the neighborhood watches of the past, these networks are always on, subjecting public movements to facial recognition from doorbell cameras, license plate...

Abstract What does a family look like? In recent years, societal understandings have generally grown more inclusive of different kinds of familial structures, including queer families, blended families, interracial families, working mothers, and caregiving fathers. But traditional notions of family roles and expectations still loom large in public consciousness. Critical drivers of this...

Abstract Washington courts have attempted to prevent the issues created by implicit bias in jury selection by adopting an objective Batson standard. However, since its adoption, Washington courts have failed to apply this “objective standard” in either (1) a consistent manner or (2) in a manner in line with the standard’s plain text and purpose. In fact, recent Washington appeals court decisions...

Abstract Disability, preexisting conditions, or underlying conditions might seem like uncontroversial factors to cite when determining an individual’s cause of death. However, many death investigators have also cited these conditions in deaths caused by state violence or neglect. For example, a 2021 study found that medical examiners cited sickle cell trait, a gene mutation, as a cause or...

Abstract Racial resentment, stemming from perceptions that one racial group has unfairly lost opportunities to another, has profoundly shaped decades of affirmative action law. Affirmative action programs emerged in the 1960s to counteract racial discrimination and expand opportunities for racial minorities. However, some white applicants soon viewed these programs with resentment, believing they...

Abstract The psychological comfort of white Americans is essential to the sustenance of white supremacy. The relationship between white psychological comfort and the U.S. Constitution is rich, and yet it has gone almost entirely unexplored in legal scholarship. In fact, the term “white comfort” is grossly undertheorized in law journals; few even mention the phrase, and none define it in a context...