Volume 110
Issue
5
Date
Aug. 2022

The Unexamined Law of Deportation

by David K. Hausman
Prioritization by criminality, in which noncitizens who have been convicted of serious crimes are deported ahead of those with little or no criminal history, is the most consequential principle governing who is deported from the interior of the United States. This Article argues that, intuitive as prioritization by criminality may appear, it is only rarely justifiable.  […]

Dispossession: An American Property Law Tradition

by Sherally Munshi
Universities and law schools have begun to purge the symbols of conquest and slavery from their crests and campuses, but they have yet to come to terms with their role in reproducing the material and ideological conditions of settler colonialism and racial capitalism. This Article considers the role the property law tradition has played in […]

Human Rights Originalism

by Katharine G. Young
Are human rights to be found in living instruments and practices that adapt to changing circumstances, or must they be interpreted according to their original meaning? That question, so heavily debated in the context of the rights of the U.S. Constitution, was never seriously on the table until 2020. But when former Secretary of State […]

The Best and Worst Form of Environmental Enforcement: Third-Party Payments and Executive Settlement Policy

by Michael J. Amato
Environmental law is no longer “suddenly ablaze”—even if the planet is. The “legislative burst” that channeled the major environmental statutes of the 1970s and 1980s has withered to a pause. Citizen suits have been stymied by a judicial nihilism in the inability of courts to address large-scale environmental harms with indirect victims and redressability problems. At the same […]

Abolishing Bounty Hunters

by Lucas Hammill
Bounty hunters are creatures of the for-profit bail industry. They are private citizens hired by private-sector bail bond companies and vested with the power to arrest their fellow citizens. Unlike police officers, they are free from constitutional constraints. Bounty hunting, which is legal in only the United States and the Philippines, is a little discussed […]