Print Issues

Volume 66, Issue 1



by  Toby J. Heytens

This Article is about something federal courts of appeals have done for more than fifty years and more than 600 times. That something is reassignment, a practice where a reviewing court returns a case to a lower court for further proceedings while also directing that those proceedings be conducted by a different trial court judge.…


Is Data Speech?

by  Jane Bambauer

Privacy laws rely on the unexamined assumption that the collection of data is not speech. That assumption is incorrect. Privacy scholars, recognizing an imminent clash between this long-held assumption and First Amendment protections of information, argue that data is different from the sort of speech the Constitution intended to protect. But they fail to articulate…


The Creation of the Department of Justice

Professionalization Without Civil Rights or Civil Service
by  Jed Handelsman Shugerman

This Article offers a new interpretation of the founding of the Department of Justice (DOJ) in 1870 as an effort to shrink and professionalize the federal government. The traditional view is that Congress created the DOJ to increase the federal government’s capacity to litigate a growing docket due to the Civil War. More recent scholarship…


Rebutting the Presumption

An Empirical Analysis of Parole Deferrals Under Marsy’s Law
by  David R. Friedman & Jackie M. Robinson

The California Department of Corrections and Rehabilitation oversees the largest population of inmates serving life terms, or “lifers,” in the country. Every year, over 1800 of these lifers go before the Board of Parole Hearings, and around 75% are denied parole. Proposition 9, or Marsy’s Law, dramatically changed the consequences of that denial. Previously, when…