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The Legal Workshop 
Legal scholarship published in the print editions of the law reviews and law journals of the following law schools: University of Chicago, Stanford, New York University, Cornell, Duke, Georgetown, and Northwestern.
Post Frequency: 6.5/day Last Entry: April 21, 2017 at 06:21:46 Recent Entries: 222
By Law Students
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Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity
Posted on September 27, 2010Collateral consequences are the additional legal penalties that attach to criminal convictions. These consequences are often hidden during the criminal process because they are considered to be civil, rather than criminal penalties. In the United States, these penalties include ineligibilty for public benefits, public housing, student loans, and various forms… Read More »
Combating Terrorism and WMD Proliferation: Not at the U.N. Security Council
Posted on September 24, 2010For years, experts have debated whether the U.S. should spearhead reform of the United Nations (U.N.) framework for authorizing the use of force to counter the threats of terrorism and proliferation of weapons of mass destruction (WMD). In this debate, some scholars argue that the permanent members of the U...
?No Taxation Without Representation? in the American Woman Suffrage Movement
Posted on September 21, 2010Introduction Given the continuing popularity of the ?no taxation without representation? catchphrase, one might expect American woman suffragists to have pounced on every opportunity to deploy it. But although many suffragists occasionally mentioned taxation, it was certainly not a focal point of the movement as a whole...
Salazar v. Buono: Sacred Symbolism and the Secular State
Posted on September 19, 2010After oral argument, Salazar v. Buono looked like it might be a dud. As Adam Liptak observed in the New York Times, the Justices spent most of their energy pressing then-Solicitor General Elena Kagan and her opponent, Peter Eliasberg of the ACLU, on the case?s tangled procedural history, and ?only… Read More »
The Inviolate Home: Housing Exceptionalism in the Fourth Amendment
Posted on September 15, 2010The notion of the inviolate home and the paramount importance of constraining government search of the home are cherished tenets of constitutional law and scholarship. The doctrinal solicitude and judicial rhetoric surrounding the home reflect a belief that residential privacy rights are both psychologically and politically vital...
The Avena Act: An Option To Induce State Implementation of Consular Notification Rights After Medellín
Posted on September 13, 2010On August 5, 2008, the State of Texas executed José Ernesto Medellín for his participation in the brutal rape and murder of two teenage girls, ending a fifteen-year legal battle that implicated numerous questions of constitutional and international law...
The Avena Act: An Option To Induce State Implementation of Consular Notification Rights After Medellín
Posted on September 12, 2010On August 5, 2008, the State of Texas executed José Ernesto Medellín for his participation in the brutal rape and murder of two teenage girls, ending a fifteen-year legal battle that implicated numerous questions of constitutional and international law...
The Pleading Problem
Posted on September 08, 2010It is hard to imagine a topic in civil procedure that has garnered more attention recently than pleading standards. The Supreme Court?s decision last Term in Ashcroft v. Iqbal) prompted an onslaught of commentary and critiques. A particularly troubling aspect… Read More »
Hiding in Plain Sight? Timing and Transparency in the Administrative State
Posted on September 06, 2010Burying bad news is one of the oldest tricks in politics. As David Gergen, then an adviser to President Ronald Reagan, quipped in 1984, ?It was one of the first lessons I learned when I arrived in Washington. If you?ve got some news that you don?t want to get noticed,… Read More »
Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity
Posted on August 30, 2010Collateral consequences are the additional legal penalties that attach to criminal convictions. These consequences are often hidden during the criminal process because they are considered to be civil, rather than criminal penalties. In the United States, these penalties include ineligibilty for public benefits, public housing, student loans, and various forms… Read More »
The Institutional Dynamics of Transition Relief
Posted on August 29, 2010In this Article, we consider what type of institution should provide legal transition relief and analyze the form that it should take. These questions are of great importance because the issue of legal transition relief?whether and how an institution should compensate parties because a change in the law adversely affects… Read More »
Through a Scanner Darkly: Functional Neuroimaging as Evidence of a Criminal Defendant?s Past Mental States
Posted on August 26, 2010As with phrenology and the polygraph, society is again confronted with a device that the media claims to be capable of reading our minds. Functional magnetic resonance imaging (?fMRI?), along with other types of functional brain imaging technologies, is currently being introduced at various stages of criminal trials as evidence… Read More »
Partial Unconstitutionality
Posted on August 23, 2010What do some Reconstruction-Era civil rights laws, the first federal income tax, and various pieces of New Deal economic legislation have in common? These are all laws that the Supreme Court has held totally invalid after concluding that they were partially unconstitutional...
Mapped Out of Local Democracy
Posted on August 16, 2010Stopped in time and sealed in place. Hundreds of high-poverty neighborhoods of color are trapped in the vestiges of rural poverty, though they sit adjacent to incorporated cities and suburbs across the country. City growth through annexation has passed them by (though city crime may not have)...
Can Bad Science Be Good Evidence: Neuroscience, Lie-Detection, and Beyond
Posted on August 13, 2010The possibility of using functional magnetic resonance imaging? fMRI, or ?brain scans??to detect deception in legal settings has generated great controversy and, indeed, widespread resistance. Although neuroscience-based lie-detection appears to hold out the promise of improvements to existing methods of detecting deception, most academic neuroscientists have balked, insisting that the… Read More »
Applying the Fourth Amendment to the Internet: A General Approach
Posted on August 12, 2010This Article proposes a general approach to applying the Fourth Amendment to the Internet. It assumes that courts will try to apply the Fourth Amendment to the Internet so that the Fourth Amendment has the same basic function online that it has offline...
Essay on Funding Irrationality
Posted on August 09, 2010My article Funding Irrationality addresses a relatively unexamined issue in the literature of class action settlements and public settlement funds: should the people who oversee a large settlement fund account for claimants? irrational settlement decisions? Much of the literature related to large settlements seeks to improve how judges and private… Read More »
The Substance of False Confessions
Posted on August 06, 2010The scholarship of interrogations has taken a turn from procedure to substance. The Supreme Court?s landmark criminal procedure rulings regulating modern psychological interrogations remain static, inviting lingering decades-long debates over whether the Court correctly decided decisions such as Miranda...
The Riddle Underlying Refusal-to-Deal Theory
Posted on August 02, 2010May a dominant firm refuse to share its intellectual property (IP) with its rivals? This question lies at the heart of a highly divisive, international debate concerning the proper application of the antitrust laws. In this short Essay, we consider a profound, yet previously unaddressed, incongruity underlying the controversy...
Embedded Aggregation in Civil Litigation
Posted on July 28, 2010In debates over civil litigation, class actions have long garnered considerable attention. Controversy continues to rage over efforts to certify class actions in the face of objections from defendants. Debate also swirls over their use as a vehicle for settlement, with the defendant?s consent...
Why the Supreme Court Cares About Elites, Not the American People
Posted on July 27, 2010Unlike political scientists and law professors who link Supreme Court decision making to public opinion, we argue that Supreme Court Justices care more about the views of academics, journalists, and other elites than they do about public opinion. This is true of nearly all Justices and is especially true… Read More »
Embedded Aggregation in Civil Litigation
Posted on July 25, 2010In debates over civil litigation, class actions have long garnered considerable attention. Controversy continues to rage over efforts to certify class actions in the face of objections from defendants. Debate also swirls over their use as a vehicle for settlement, with the defendant?s consent...
The New Silver Platter: How Today?s Police Are Serving up Potentially Tainted Evidence Without Even Revealing the Search that Produced It to Defendants or to Courts
Posted on July 21, 2010Imagine the following scenario: A police officer is investigating a major drug trafficking ring. She obtains a wiretap on the cell phone of the suspected kingpin of the organization. The wiretap enables her to overhear conversations between the top target of the wiretap and several other people in the drug… Read More »
A Response to Professor Cuéllar?s ?Securing? the Nation: Law, Politics, and Organization at the Federal Security Agency
Posted on July 19, 2010Mariano-Florentino Cuéllar?s ?Securing? the Nation: Law, Politics, and Organization at the Federal Security Agency is both a work of history and a reminder of echoes of the past in contemporary policymaking. It compares the great post-9/11 bureaucratic reorganization, which created the Department of Homeland Security (DHS), with one great… Read More »
Blind Expertise
Posted on July 12, 2010Litigants, attorneys, judges, and jurors are thought to be the main players in the civil litigation system. However, expert witnesses are also required in the vast majority of civil trials. The expert witnesses are the ones who, for instance, tell the factfinder whether a mistake has been made in medical… Read More »
The New Rule 12(b)(6): Twombly, Iqbal, and the Paradox of Pleading
Posted on July 08, 2010In 2007, the Court handed down its opinion in Bell Atlantic v. Twombly. The case set the civil procedure world abuzz; in addition to ?retir[ing]? Conley v. Gibson?s famous ?no set of facts? standard, Twombly introduced the concept of ?plausibility? as the dividing line between complaints that do and do… Read More »
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
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First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
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