Articles in Law

The Problems With Public Defense Are Big, But They’re Fixable

A growing number of public defenders are refusing to submit to a brutal and soul-crushing system.


Trial by Combat and the Myths of Our Modern Legal System

Conflict resolution has changed a bit since the Middle Ages, but not as much as you might think.


Why Amy Coney Barrett Should Not Be On The Supreme Court

Her rulings reveal a judge who serves the interests of Trump, telemarketers, debt collectors, bureaucrats, and cops.


Why Ginsburg Didn’t Retire

If justices admit they’re political, their role in government becomes much harder to defend. No wonder Ginsburg clung to her seat.


How Corporations Try To Be More Human Than Humans

The fascinating history of corporate “personhood.”


Scalia’s Ghost Comes Back To Bite Conservatives On The Ass

“Textualist” jurisprudence advocates a literal interpretation of statutes. Unfortunately for the right, that just resulted in the guaranteeing of LGBT rights.


The Enclosure of Ideas

Instead of restrictive copyright, let’s just make sure artists are well-compensated.


The Abdication Temptation

If you want to convince people to surrender to authority, there’s no better way than to cite some “grand unified theory” of law. Professor Dan Farbman walks us through exactly what’s wrong with the theoretical underpinnings of grand unified theories.


I Don’t Know Why I Should Care What the Constitution Says

If the majority of the country is excluded from ratifying a document it has no binding moral force.


Court-Packing Is Necessary To Save Democracy

It’s not radical to oppose giving conservative justices lifelong absolute power to overrule democratic legislation…


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