Search
Now showing items 31-40 of 57
Handling Aggravating Facts after Blakely: Findings from Five Presumptive Guidelines States
(North Carolina Law Review, 2021)
This Article reveals how five states with presumptive (binding) sentencing guidelines have implemented the right announced in Blakely v. Washington to a jury finding of aggravating facts allowing upward departures from the ...
Secrets, Lies, and Lessons from the Theranos Scandal
(Hastings Law Journal, 2021)
Theranos, Inc., the unicorn startup blood-testing corporation, was ultimately laid low by a former employee whistleblower. The experience of that whistleblower during and after her employment illuminates detrimental secrecy ...
A Response to Calls for SEC-Mandated ESG Disclosure
(Washington University Law Review, 2021)
This Article responds to recent proposals calling for the SEC to adopt a mandatory ESG-disclosure framework. It illustrates how the breadth and vagueness of these proposals obscures the important-and controversial- policy ...
The Nonfiduciary "Trust"
(ACTEC Law Journal, 2021)
This article identifies and details the emergence in an increasing number of states of a new trust law that rejects the fundamental tenets of traditional trust law. This alternative concept of the trust liberates the trustee ...
A Revised Monitoring Model Confronts Today's Movement Toward Managerialism
(Texas Law Review, 2021)
There are many lessons to be drawn from the sweep of history. In law, the compelling story repeatedly told is the observable co-movement of law on the one hand, and economic, social, and political changes on the other hand. ...
Certifying Second Chances
(Cardozo Law Review, 2021)
Policymakers around the country are grappling with how to provide a second chance to people with criminal records. These records create collateral consequences-invisible punishments that inhibit opportunity in all facets ...
Preventative Justice: How Algorithms, Parole Boards and Limiting Retributivism Could End Mass Incarceration
(Wake Forest Law Review, 2021)
A number of states use statistically derived algorithms to provide estimates of the risk of reoffending. In theory, these risk assessment instruments could bring significant benefits. Fewer people of all ethnicities would ...
FedAccounts: Digital Dollars
(George Washington Law Review, 2021)
We are entering a new monetary era. Central banks around the world--spurred by the development of privately controlled digital currencies as well as competition from other central banks-have been studying, building, and, ...
Energy Federalism's Aim
(Harvard Law Review Forum, 2021)
The Federal Power Act (FPA) has endured for eighty-five years, in part because it does not embrace a single regulatory approach for the energy industry. Nor does the FPA favor a single approach to federalism: it delegates ...
We Need a Cole Memorandum for Magic Mushrooms
(University of Illinois Law Review Online, 2021)
In fall 2020, as the nation elected Joe Biden to be our Forty-Sixth President, Oregon voters also passed a noteworthy new drug law reform. Known as Measure 109, Oregon's path-breaking law legalizes the use of psilocybin, ...