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Misdiagnosing the Impact of Neuroimages in the Courtroom

Neuroimages and, more generally, neuroscience evidence are increasingly used in the courtroom in hope of mitigating punishment in criminal cases. Many legal commentators express concern because they fear that the prejudicial effect of such evidence...

Expressive Enforcement

Laws send messages, some of which may be heard at the moment of enactment. But much of a law’s expressive impact is bound up in its enforcement. Although scholars have extensively debated the wisdom of expressive legislation, their discussions in...

Insider Trading as Private Corruption

Deep confusion reigns over federal insider trading law, even over the essential elements of an insider trading violation. On the one hand, this uncertainty seems to have encouraged the Securities and Exchange Commission (SEC) and some lower courts...

Marriage Equality and Postracialism

When California’s Proposition 8 (Prop. 8) eliminated the right to marry a person of the same sex, it aggravated a fissure between the black community and the gay community. Though Prop. 8 had nothing to do with race on the surface, the controversy...