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The Specter of Jury Nullification

Attention to the trial of Luigi Mangione has renewed debate about nullification—the jury’s inviolate power to acquit a defendant contrary to the evidence presented. Jury nullification proponents hold that it is a mechanism of last resort for...

The Three-Body Problem

In most circumstances, when constitutionally protected autonomy rights are at issue, the law balances the individual’s constitutional right of control against the countervailing power of the state. How these two competing claims to control are...

Judicial Bystanding

Abstract When federal courts possess both the authority and the obligation to halt ongoing constitutional violations yet refuse to act, they do not merely step aside. They become complicit. This Article introduces a complicity framework for...