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Volume 109 - Issue 6

Minimal Justiciability

By RILEY T. KEENAN. Full Text. Federal courts adjudicate only justiciable disputes. But justiciable as to whom? The Supreme Court has hinted at an answer, holding that at least one plaintiff must show standing for each remedy sought in a federal case. But it has never explained this “one-plaintiff rule,” and recently some scholars have…

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A Democratic Participation Model for Corporate Governance

By GRANT M. HAYDEN and MATTHEW T. BODIE. Full Text. Corporate law is in the grip of a fundamental conundrum: whether corporations should seek only to serve shareholders or instead attend to the interests of all stakeholders. The doctrine of shareholder primacy, which focuses the corporation’s attention on the goal of maximizing shareholder wealth, has…

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Judging Demeanor

By KIEL BRENNAN-MARQUEZ and JULIA SIMON-KERR. Full Text. This Article challenges the conventional wisdom that defendant demeanor—affect, body language, and physical appearance—helps juries assess guilt. On the contrary, we show that demeanor evidence poses an inherent risk of propensity-based reasoning. It invites jurors to convict defendants based on whether they “look like criminals,” rather than…

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