abstract. This Note aims to develop and describe a new type of penalty, the reflective remedy, to address the problem of optimal deterrence when the law is uncertain. It describes a novel remedial ...

abstract. For most of American history, the jury was considered an elite institution, composed of “honest and intelligent men,” esteemed in their communities for their “integrity,” “reputation,” or ...

abstract. Tort cases often hinge on whether the defendant behaved “unreasonably.” Tort theorists have long debated what makes behavior unreasonable, with many seeking answers in economic theory or ...

abstract. Private charitable organizations have long enjoyed the freedom to determine their mission and render appropriate charitable assistance, including by taking race, ethnicity, gender, and other ...

Tort law’s famous Hand Formula does not align with how laypeople judge whether conduct is reasonable. Five original experiments demonstrate that the Hand Formula fails to capture the outsized, Kantian ...

abstract. Recent calls for a negotiated settlement to Russia’s war on Ukraine neglect whether such a settlement would be lawful. Yet under a settled principle of international law, a coerced treaty is ...