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Kate Bloch on Using Virtual Reality to Prevent Brady Errors

Published on: Author: Hadar Aviram

Kate Bloch‘s article “Harnessing Virtual Reality to Prevent Prosecutorial Misconduct,” just published in the Georgetown Journal of Legal Ethics, seeks to provide a technological solution to reduce the serious problem of Brady errors (prosecutorial failure to disclose materially exculpatory evidence). Bloch’s point of departure is that prosecutorial mishandling of exculpatory evidence often stems from cognitive… Continue reading

Hadar Aviram on Reformer Intent in Criminal Justice

Published on: Author: Kate Bloch

In a thoughtful, recent article, “What were ‘They’ Thinking, and Does it Matter? Structural Inequality and Individual Intent in Criminal Justice Reform,” published in July, 2019, in Law & Social Inquiry, my colleague Professor Hadar Aviram turns a critical eye toward narratives that investigate the motivations of reformers in the carceral domain. To evaluate these… Continue reading

Zach Price on Reliance Defenses for Executive Officials

Published on: Author: Scott Dodson

All government officials take an oath to uphold the Constitution. The Supreme Court is the ultimate authority on the interpretation of the Constitution and, more pointedly, when a law or official conduct is unconstitutional. But the Court doesn’t decide all those questions. And so executive officials are often left with unanswered questions about whether a… Continue reading

Heather Field on Tax Lawyers as Tax Insurance

Published on: Author: Manoj Viswanathan

A “tax opinion” is a formal, written statement provided by a lawyer to a client about the tax consequences of a specific transaction. In addition to describing the expected tax treatment, the opinion also specifies the lawyer’s confidence in this determination—a “will” opinion indicates near certainty; a “more likely than not” opinion is much more… Continue reading

Manoj Viswanathan on the SALT Deduction Limitation

Published on: Author: Heather Field

Much has been said about the new $10,000 cap on the federal deduction for payments of state and local taxes (“SALT”), but the commentary generally focuses on the state-level impacts and responses. My colleague Manoj Viswanathan, in his recent essay, “Hyperlocal Responses to the SALT Deduction Limitation,” published in the Stanford Law Review Online, argues that this… Continue reading

Chimène Keitner on Common-Law Foreign-Official Immunity

Published on: Author: Scott Dodson

The Foreign Sovereign Immunities Act (“FSIA”) is the primary domestic statute codifying foreign sovereign immunity—the immunity that foreign nations enjoy in U.S. courts. With scattered exceptions, questions involving foreign immunity outside of FSIA are matters of federal common law. Those questions include foreign-official immunity, whose importance has increased dramatically as the international travel of foreign… Continue reading

Scott Dodson on Beyond Bias in Diversity Jurisdiction

Published on: Author: Chimene Keitner

The creation of the federal courts was an exercise in nation-building. Delegates to the Constitutional Convention worried that unduly expansive federal jurisdiction would suggest mistrust of, and eventually eclipse, state courts. An elusive quest to ensure impartiality pulled in the opposite direction, with the specter of state-court bias against out-of-state defendants animating the desire to… Continue reading

Robin Feldman on High Drug Prices

Published on: Author: Jaime King

In trying to promote innovation and competition in pharmaceutical drugs, America has allowed the pharmaceutical industry to increase prices well beyond what other developed countries pay and the market should bear. While a majority of Americans say that prescription drugs have made their lives better in the last ten years, nearly 80% find the price… Continue reading

Dave Owen on Groundwater Management

Published on: Author: Jessica Vapnek

California has a rich and varied stock of water resources, which has enabled it to survive years of drought. But although scientists have long known that surface and groundwater are interdependent (both for recharge and with respect to pollution), the state has treated the state’s surface water and groundwater as legally and institutionally separate resources.… Continue reading

Jaime King on California’s Drug Transparency Law

Published on: Author: Robin Feldman

When Governor Jerry Brown signed California’s drug transparency law, Senate Bill 17 (SB-17), in 2017, the state took a crucial first step towards increased transparency and accountability in a landscape of skyrocketing prescription-drug prices. Not only does SB-17 require drug manufacturers and health insurers to disclose information about rising prescription-drug prices, but it also represents… Continue reading