Print Issue Volume 92 - No. 6

Claiming Innocence

The advent of DNA testing technology almost two decades ago transformed how courts review claims of innocence. Our system discarded rules of finality that traditionally barred most post-conviction claims of innocence. In recent years, almost every state has enacted post-conviction DNA statutes, which I survey here. Yet our criminal system remains at a crossroads, and […]

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Adaptive Federalism: The Case Against Reallocating Environmental Regulatory Authority

A hallmark of environmental federalism is that neither federal nor state governments limit themselves to what many legal scholars have deemed to be their appropriate domains. The federal government regulates local issues, such as remediation of contaminated industrial sites, while state and local governments develop policies on environmental issues of national or even international scale, […]

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