The Living Rules of Evidence

GA Nunn - U. Pa. L. Rev., 2021 - HeinOnline
The jurisprudential evolution of evidence law is dead. At least, that's what we're expected to
believe. After all, it's been forty-seven years since the common law pedigree of evidence law …

The Rise and Fall of the Self-Regulatory Court

LS Bressman - Tex. L. Rev., 2022 - HeinOnline
The Supreme Court maintains self-regulatory rules that have fluctuated over time, and each
change affects the nature of the Court itself. Many of these rules are well-known: the rule of …

A Theory of Constitutional Norms

A Ahmed - Mich. L. Rev., 2021 - HeinOnline
The political convulsions of the past decade have fueled acute interest in constitutional
norms. Also known as" conventions" or" customs," constitu-tional norms are common and …

Siege Starvation: A War Crime of Societal Torture

T Dannenbaum - Chi. J. Int'l L., 2021 - HeinOnline
A recent amendment to the Rome Statute of the International Criminal Court has drawn
unprecedented attention to the war crime of starvation of civilians as a method of wafare. It …

Gender, Credentials, and M&A

TE George, M Gulati, A Yoon - BYU L. Rev., 2022 - HeinOnline
The United States suffers from a gender power gap. Several important leadership firsts
followed women's suffrage in 1920: 2 the first woman governor (1925), 3 the first woman …

Impartial Justice: Restoring Integrity to Impeachment Trials

JD Rattey - Pepp. L. Rev., 2022 - HeinOnline
In recent decades, we have witnessed the diminution of the impeachment process by
various actors especially political parties. But the Founders envisioned a vastly different …

The Use and Limits of Longstanding Practice in Constitutional Law

SG Livingstone - Md. L. Rev., 2023 - HeinOnline
Supposedly at a time of originalism,'a different kind of history has spread across
constitutional law. In just the last few years, important constitutional decisions from the …

Political Stare Decisis

O Tamir - Chi. J. Int'l L., 2021 - HeinOnline
The doctrine of stare decisis famousy instructs judges to respect past decisions even if they
believe these decisions are wrong. Many believe stare decisis serves venerable values and …

Common Sense or Sensibility: Vaccine Hesitancy, Parens Patriae, and the Common Good

GP Smith II - 2023 - scholarship.law.edu
Contending with national emergencies that develop into transnational catastrophes gives
rise inevitably to concerns raised by libertarians and utilitarians over the extent to which the …

Saying What the Law Should Be

FA Hessick - BYU L. Rev., 2022 - HeinOnline
The role of the federal courts is to" say what the law is, not what the law should be." 1 So
said Justice Kavanaugh in 2016. He is hardly the first to say something of this sort. Many …