CategoryLatest Issue

ABSTRACT Legal scholarship tends to obscure how changes in criminal process relate to broader changes in the political and economic terrain. This Article offers a modest corrective to this tendency. By studying the U.S. Supreme Court’s right to counsel jurisprudence, as it has developed since the mid-70s, I show the pervasive impact of the concurrent rise of neoliberalism on relationships between...

ABSTRACT Wage theft is estimated to cost American workers more than $15 billion per year, but upwards of 60 million American workers cannot go to court to sue their employer if their rights are violated. This is because many American workers are subject to mandatory arbitration which forecloses their access to the court system—or an aggregate proceeding in arbitration. This problem has been long...

ABSTRACT This Comment focuses on the convergence of racialized policing and voter suppression of communities of color. While much attention has been given to the disenfranchisement of people upon felony conviction, there has been little attention paid to the policing and subsequent prosecution of people—disproportionately Black and Latinx—for voting or registering to vote. These prosecutions...

ABSTRACT A thriving body of literature discusses various legal issues related to blockchain. This literature often conflates the discussion about blockchain with cryptocurrency. But blockchain is not the same as cryptocurrency. Defined as a decentralized, immutable, peer-to-peer ledger technology, blockchain is a newly emerging data management system. The private sector and the public sector have...

ABSTRACT Progressive prosecutors have been widely hailed as the solution to mass incarceration. This Article argues, to the contrary, that the legal arm of law enforcement can never be the full answer to its problems. While scholars critique police and call to defund and dismantle them, they overlook prosecutors. Building on the work of abolitionist organizers to theorize and critique progressive...

ABSTRACT In the immediate aftermath of the murder of George Floyd at the hands of the Minneapolis Police, protesters engaged in acts of destruction, looting, and seizure of private and state property on a scale unseen since the assassination of Martin Luther King, Jr., in 1968. An estimated $2 billion was caused in private property damage, by far the most expensive for an uprising in American...

ABSTRACT When people in law think about strict scrutiny, often they are also thinking about equal protection law’s treatment of race. For more than four decades, scholars have vigorously challenged that legal regime. Yet none of that contestation has interrogated the social manifestation of strict scrutiny. This Article does that work. Its central claim is that Black people live under a social...