Print Issues

Volume 61, Issue 4


Viewpoint Diversity and Media Consolidation

An Empirical Study
by  Daniel E. Ho & Kevin M. Quinn

One of the central predicates of legal regulation of media ownership is that ownership consolidation reduces substantive viewpoint diversity. Appellate courts and, in turn, the Federal Communications Commission have increasingly demanded evidence for this convergence hypothesis, but extant empirical measures of viewpoint diversity sidestep the problem, ignoring diversity, viewpoints, or both. Our Article develops and…


Institutional Design and the Policing of Prosecutors

Lessons from Administrative Law
by  Rachel E. Barkow

Federal prosecutors wield enormous power. They have the authority to make charging decisions, enter cooperation agreements, accept pleas, and often dictate sentences or sentencing ranges. There are currently no effective legal checks in place to police the manner in which prosecutors exercise their discretion. As a result, in the current era dominated by pleas instead…


The Reasonable Child Declarant After Davis v. Washington

by  Christopher Cannon Funk

Three-year-old Nathan Siler told Detective Larry Martin that he wanted to see his mother who, Nathan claimed, was "sleeping standing" in the garage. Tragically, Nathan's mother was dead, hanging from a "yellow cord tied to the track of the overhead garage door." Nathan told Martin that he had seen his father, Brian Siler, and mother…