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U.S. Customs and Border Protection’s (CBP) short-term holding cells have received mass media attention because of their inhumane and punitive conditions. CBP agents and immigration detainees alike refer to these cells as hieleras. This Comment draws attention to rights violations inside hieleras and is the first to analyze a groundbreaking class action lawsuit brought by an immigrants’ rights...

The U.S. Supreme Court’s 2016 decision in Hurst v. Florida, which struck down Florida’s capital sentencing scheme, altered the Court’s Sixth Amendment sentencing doctrine. That doctrine has undergone several important changes since it was first recognized. At times the doctrine has expanded, invalidating sentencing practices across the country, and at times it has contracted, allowing...

In this Comment, I argue that the persistence of racial health disparities today is not only a relic of a long history of anti-Black racism in healthcare, but a consequence of the Court’s colorblind approach to affirmative action jurisprudence since U.C. Regents v. Bakke and the restrictions in access to predominantly white institutions that have resulted. In recounting the history of racism in...

Suppose you have a domestic economy-class airline ticket that you can no longer use. In the 1980s and early ’90s, there was a secondary market in domestic airline tickets, carried out openly in newspaper classifieds. Though many tickets were nominally nontransferable, back then, the airlines didn’t check every passenger’s name. Problem solved. But now, American, Delta, and United will charge you...

This Article conducts a comprehensive empirical study of copyright statutory damages. An extensive examination of docket entries and case law reveals a widespread practice of overclaiming of remedies in copyright litigation. Although 80 percent of plaintiffs in all disputes claim that they suffered conduct that constitutes willful infringement, courts find willful infringement in just 2 percent...

Much in the field of statutory interpretation is predicated on “interpretive dialogue” between courts and legislatures. Yet, the idea of such dialogue is often advanced as little more than a slogan; the dialogue that courts, legislators, and scholars are imagining too often goes unexamined and underspecified. This Article attempts to organize thinking about the ways participants and theorists...

This Article conducts a comprehensive empirical study of copyright statutory damages. An extensive examination of docket entries and case law reveals a widespread practice of overclaiming of remedies in copyright litigation. Although 80 percent of plaintiffs in all disputes claim that they suffered conduct that constitutes willful infringement, courts find willful infringement in just 2 percent...

This comment presents a new legal framework for regulation of initial coin offerings that meets the interests of the SEC, investors, and the innovative companies in the cryptocurrency industry.

The story behind the resignation of Joel Clement—the head of the U.S. Interior Department’s Office of Policy Analysis—provides a window into the relationship between the political leadership and the civil service at the Interior Department in the first year of the Trump administration. It also serves as a jumping-off point to revisit the value in having a civil service with some independence from...

This article complements academic discourse about democratic backsliding by focusing on two questions: In what ways has democracy been chronically or systemically weakened and prevented, and what kinds of new institutional and organizational forms do we need to realize democratic aspirations in the twenty-first century.