By Benjamin Levin. Full Text.  As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutor.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This Essay asks an unanswered threshold…

By Michael Abramowicz. Full Text.  Governments distributing funds among many claimants often fail to ensure that those similarly situated are treated similarly. This Article proposes a novel solution that would reduce both adjudication costs and adverse effects of idiosyncratic decisionmaking. Claimants to a fund would sell their claims to intermediaries, and a small number of…

By Shalev Roisman. Full Text.  We know a great deal about how agencies exercise power. They use notice-and-comment procedures to create rules and trial-like adjudication when applying law to individuals. This is the field of administrative law. But what of the President? Like agencies, the President issues law-like rules, adjudicates whether individuals have violated applicable…

By Thomas B. Bennett. Full Text.  Standing doctrine is supposed to ensure the separation of powers and an adversary process of adjudication. But recently, it has begun serving a new and unintended purpose: transferring federal claims from federal to state court. Paradoxically, current standing doctrine assigns a growing class of federal claims to the exclusive…

By Thomas B. Bennett. Full Text.  Standing doctrine is supposed to ensure the separation of powers and an adversary process of adjudication. But recently, it has begun serving a new and unintended purpose: transferring federal claims from federal to state court. Paradoxically, current standing doctrine assigns a growing class of federal claims to the exclusive…

By Andrew Guthrie Ferguson. Full Text. Facial recognition offers a totalizing new surveillance power. Police now have the capability to monitor, track, and identify faces through networked surveillance cameras and datasets of billions of images. Whether identifying a particular suspect from a still photo or identifying every person who walks past a digital camera, the…

By Daniel J. Capra and Liesa L. Richter. Full Text.  In recent years, there have been many calls and suggestions for a more equitable criminal justice system. Although sometimes overlooked in that dialogue, the fair operation of the Federal Rules of Evidence is a crucial component in ensuring such an equitable system. Unfortunately, the interpretation…

By Naomi Schoenbaum. Full Text. A central tenet of sex discrimination law is the protection of gender nonconformity: unless a feature of biological sex requires it, regulated entities may not expect that individuals will conform their gender performance to the stereotypes of their sex. This doctrine is critical to promoting the anti-stereotyping aims of sex…

By William Boyd. Full Text.  Price formation has emerged as one of the most complex and contested areas of U.S. energy law. In the natural gas markets, questions about the integrity of price indices, which serve as key benchmarks for billions of dollars in transactions and investments across the industry, have been the subject of…