In Bankruptcy Hardball, Professor Jared Ellias teams up with attorney Robert Stark to expose increasingly aggressive tactics by corporate managers in bankruptcy proceedings. The article, which draws on detailed case studies, is a methodological departure from Professor Ellias’s usual empirical quantitative work. But the insights are incisive as usual. The article details maneuvers by corporate… Continue reading →
Kate Bloch‘s article “Harnessing Virtual Reality to Prevent Prosecutorial Misconduct,” just published in the Georgetown Journal of Legal Ethics, seeks to provide a technological solution to reduce the serious problem of Brady errors (prosecutorial failure to disclose materially exculpatory evidence). Bloch’s point of departure is that prosecutorial mishandling of exculpatory evidence often stems from cognitive… Continue reading →
In a thoughtful, recent article, “What were ‘They’ Thinking, and Does it Matter? Structural Inequality and Individual Intent in Criminal Justice Reform,” published in July, 2019, in Law & Social Inquiry, my colleague Professor Hadar Aviram turns a critical eye toward narratives that investigate the motivations of reformers in the carceral domain. To evaluate these… Continue reading →
All government officials take an oath to uphold the Constitution. The Supreme Court is the ultimate authority on the interpretation of the Constitution and, more pointedly, when a law or official conduct is unconstitutional. But the Court doesn’t decide all those questions. And so executive officials are often left with unanswered questions about whether a… Continue reading →
