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Indemnification as an Alternative to Nullification
(Montana Law Review, 2015)
The federalization of criminal law arguably threatens the states’ traditional police powers. Congress has criminalized myriad activities the states condone (or at least tolerate); it has denied federal criminal defendants ...
Surprise vs. Probability as a Metric for Proof
(Seton Hall Law Review, 2018)
In this Symposium issue celebrating his career, Professor Michael Risinger in Leveraging Surprise proposes using "the fundamental emotion of surprise" as a way of measuring belief for purposes of legal proof. More
specifically, ...
The Idea of "The Criminal Justice System"
(American Journal of Criminal Law, 2018)
The phrase “the criminal justice system” is ubiquitous in discussions of criminal law, policy, and punishment in the United States — so ubiquitous that almost no one thinks to question the phrase. However, this way of ...
Principles of Risk Assessment
(Ohio State Journal of Criminal Law, 2018)
Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid ...
A Simpler Approach to Finance Reform
(Regulation, 2013)
There is a growing consensus that new financial reform legislation may be in order. The Dodd-Frank Act of 2010, while well-intended, is now widely viewed to be at best insufficient, at worst a costly misfire. Members of ...
Legal Strategies for Economic Empowerment of Persons in Recovery
(West Virginia Law Review, 2018)
Substance use disorders, which afflict nearly 8% of the U.S. population, exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999. In 2013 alone, the epidemic ...
Safety First: The Deceptive Allure of Full Reserve Banking
(University of Chicago Law Review Online, 2016)
In Safe Banking, Professor Adam Levitin joins a venerable tradition in the money and banking literature. That tradition, called full reserve banking, has claimed a number of illustrious supporters over the years, including ...
Against Immutability
(Yale Law Journal, 2015)
Courts often hold that antidiscrimination law protects “immutable” characteristics, like sex and race. In a series of recent cases, gay rights advocates have persuaded courts to expand the concept of immutability to include ...
Making Preemption Less Palatable
(George Washington Law Review, 2017)
Congressional preemption constitutes perhaps the single greatest threat to state power and to the values served thereby. Given the structural incentives now in place, there is little to deter Congress from preempting state ...
Welcome to Hazleton! "Illegal" Immigrants Beware
(Loyola University Chicago Law Journal, 2009)
On July 13, 2006, the city of Hazleton made national news as the first municipality in the country to pass ordinances against illegal immigrants. The majority of municipal legislation that passed regulated the employment ...