Volume 112
Oct. 2023

Investing in Abolition

by Sandeep Singh Dhaliwal
This Article situates the prison within a broader macro-financial trend, what I call “community capture.” As private equity firms have consolidated the market for carceral services, they have also gained control over other essential social infrastructure, like housing and healthcare. By layering debt, fees, and aggressive profit expectations over companies or assets that provide for […]

Valuing Reproductive Loss

by Dov Fox & Jill Wieber Lens
Our legal system characterizes the unborn in a multiplicity of conflicting ways—from persons to property, from body parts to medical investments. The law of civil wrongs is instructive. It weighs in when misconduct deprives aspiring parents of the child they had hoped to have, whether the transgression takes place during pregnancy or before it. The […]

What Do Law Professors Believe About Law and the Legal Academy?

by Eric Martinez & Kevin Tobia
Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ views […]

Shouting “Fire” in a Crowded Chamber: The Speech or Debate Clause, Incitement, and the Limitations of Legislative Immunity

by Maya Devi Gandhi
I’ve seen your frown and it’s like lookin’ down The barrel of a gun, And it goes off And out come all these words — “Mardy Bum,” Arctic Monkeys We will not let them silence your voices. We’re not going to let it happen. — Former President Donald Trump, January 6, 2021 Former Representative Mo […]