Print Issues

Volume 62, Issue 1


Promoting Civil Rights Through Proactive Policing Reform

by  Rachel A. Harmon

Reducing police misconduct requires substantial institutional reform in our nation’s police departments. Yet traditional legal means for deterring misconduct, such as civil suits under § 1983 and the exclusionary rule, have proved inadequate to force departmental change. 42 U.S.C. § 14141 was passed in 1994 to allow the Justice Department to sue police departments to…


The Democracy Canon

by  Richard L. Hasen

In the heat of the 2008 election season—following the new tradition of the 2000 and 2004 elections—candidates, political parties, and others filed new lawsuits practically every day over election law issues. The issues ranged from candidate ballot access to the allocation of voting machines by precinct to the accuracy of state voter registration databases. In…


Delaware’s Shrinking Half-Life

by  Mark J. Roe

A revisionist consensus among corporate law academics has begun to coalesce that, after a century of academic thinking to the contrary, states do not compete head-to-head on an ongoing basis for chartering revenues, leaving Delaware alone in the ongoing interstate charter market. The revisionist view pushes us to consider how free Delaware is to act.…


Breaking the Law to Enforce It

Undercover Police Participation in Crime
by  Elizabeth E. Joh

Covert policing necessarily involves deception, which in turn often leads to participation in activity that appears to be criminal. In undercover operations, the police have introduced drugs into prison, undertaken assignments from Latin American drug cartels to launder money, established fencing businesses that paid cash for stolen goods and for “referrals,” printed counterfeit bills, and…


Nonlethal Self-Defense, (Almost Entirely) Nonlethal Weapons, and the Rights to Keep and Bear Arms and Defend Life

by  Eugene Volokh

Owning a stun gun is a crime in seven states and several cities. Carrying irritant sprays—such as pepper spray or Mace—is probably illegal in several jurisdictions. Even possessing irritant sprays at home is illegal in Massachusetts if you’re not a citizen, and in several states if you’re under eighteen (even if you’re sixteen or seventeen).…