Articles The Hidden Daubert Factor: How Judges Use Error Rates in Assessing Scientific Evidence By John B. Meixner & Shari Seidman Diamond In Daubert v. Merrell Dow Pharmaceuticals, the United States Supreme Court provided a framework under which trial judges must assess the evidentiary reliability of expert scientific evidence. One factor of the Daubert test, …
Articles Voter Privacy in the Age of Big Data By Ira S. Rubinstein This Article suggests that political dossiers may be the largest unregulated assemblage of personal data in contemporary American life. It analyzes the main sources of voter data and the absence of privacy laws regulating the collection and use of such data. It …
Articles Policing the Line: International Law, Article III, and the Constitutional Limits of Military Jurisdiction By Jonathan Hafetz This Article addresses an important but undertheorized question in existing jurisprudence and scholarship: the proper role of international law in determining the constitutional line between Article III courts and military commissions. This Article makes two principal arguments. …
Articles Presidential Government and the Law of Property By Seth Davis This Article introduces a phenomenon that has been overlooked in the literature on property lawmaking: presidential governance of property law. On the conventional account, contributing to the development of the property system is about the last thing we would expect to see presidents doing. …
Symposium Issue — Safety and Sustainability in the Era of Food Systems: Reaching a More Integrated Approach The Specter of Productivism and Food Democracy By Olivier De Schutter The productivist paradigm we have inherited from fifty years ago was shaped to respond to a very different set of problems than those we are facing today. The …
Thomas E. Fairchild Lecture: The War on Drugs By The Honorable William J. Bauer I was addicted to one drug and it was nicotine. From the time I was fourteen until I was fifty-something, I smoked the damn things. Now, I was under no illusion that I was doing my health any good. They used …