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Volume 71, Issue 3


Passive Avoidance

by  Anita S. Krishnakumar

In its nascent years, the Roberts Court quickly developed a reputation—and drew sharp criticism—for using the canon of constitutional avoidance to rewrite statutes in controversial, high-profile cases. In recent years, however, the Court seems to have taken a new turn, quietly creating exceptions or reading in statutory conditions in order to evade potentially serious constitutional…


Attempted Justice

Misunderstanding and Bias in Psychological Constructions of Criminal Attempt
by  Avani Mehta Sood

How do jurors construe and apply facts and law to decide the point at which a defendant’s thoughts and actions cross the line from being legally innocent to criminal? And under what doctrinal circumstances are such lay constructions of criminality vulnerable to legal misunderstanding and bias? Although these are high-stakes questions, the black box of…


Nonvoting Shares and Efficient Corporate Governance

by  Dorothy S. Lund

A growing number of technology companies, including Google, Zillow, and Snap, have issued stock that does not allow investors to vote on corporate decisions. But there is fundamental disagreement among scholars and investors about whether nonvoting stock is beneficial or harmful. Critics argue that nonvoting shares perpetually insulate corporate insiders from influence and oversight, and…


Identifying Limits to Immigration Detention Transfers and Venue

by  Adrienne Pon

The government claims that it may transfer immigration detainees to any detention facility across the country. The scale of the current transfer practice is staggering—more than half of all detainees experience at least one transfer, and detainees are often transferred to the Fifth or Eleventh Circuits. This choice in detention location, in turn, essentially determines…