Volume 112
Dec. 2023

Taming Dangerousness

by Shima Baradaran Baughman
In every courtroom across the country each day, judges determine whether thousands of individuals are either released or held before trial. These speedy and seemingly minor decisions have profound impacts on an accused’s fate and on national incarceration rates. Indeed, over the last fifty years, these individual decisions have led to a 400% increase in […]

The Common Law and First Amendment Qualified Right of Public Access to Foreign Intelligence Law

by Laura K. Donohue
This common law right [of public access] is not some arcane relic of ancient English law. To the contrary, the right is fundamental to a democratic state. . . . Like the First Amendment, . . . the right of inspection serves to produce “an informed and enlightened public opinion.” Like the public trial guarantee […]

The Future of Anti-Poverty Legislation

by Andrew Hammond, Ariel Jurow Kleiman & Gabriel Scheffler
The era of big-government COVID relief is over. The initial pandemic-relief legislation, followed by two years of Democratic control in Washington, seemed to herald the expansion and modernization of the U.S. safety net. But sustained reform proved elusive. Now that this window of opportunity has closed, it’s time to step back and take stock. For […]

Running (Away) with the Land: A (Super) Market Problem

by Jordan Jackson
Introduction When the Supreme Court issued its 1948 opinion in Shelley v. Kraemer, it put an end to deploying discriminatory restrictive covenants to further racial segregation. The belated application of the Fourteenth Amendment’s gauze stopped the bleeding, but the wound would fester for years—decades into the future—as property values rose and intergenerational assets accumulated. By […]