Volume 112 / Issue 5

The Indian Treaty Power

Federal Indian law is experiencing a crisis of faith. In United States v. Kagama, decided 140 years ago, the Supreme Court granted Congress a “plenary” power over Indian affairs, rooted not in the Constitution, but rather in a paternalistic duty to …

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Volume 112 / Issue 5

What is Insurance for Tort Law?

This Article reexamines the relationship between liability insurance and tort law to answer a deceptively simple but foundational question: What is insurance for tort law? Building on prior work and responding to the recent call by Kenneth Abraham …

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Volume 112 / Issue 5

Evidence Law in the Age of Plea Bargaining

This Article challenges evidence law’s entrenched trial-centricity, arguing that this orientation has rendered the field increasingly misaligned with the reality of a criminal justice system in which trials are rare and plea bargaining predominates. …

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Volume 112 / Issue 5

The Moving Property Problem in Fourth Amendment Law

The Fourth Amendment’s ban on unreasonable searches and seizures has been interpreted by the Supreme Court to require many location-specific rules. There are different rules for searching homes, cars, spaces near people, and at the border. The …

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Volume 112

Schauer’s Free Speech Comparativism

It is a great honour to make this contribution about Frederick Schauer. I am especially pleased that I can give voice to the many Australian scholars who had the pleasure of meeting and working with him and those who were influenced by his work..

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ONLINE EDITION

Schauer’s Free Speech Comparativism

It is a great honour to make this contribution about Frederick Schauer. I am especially pleased that I can give voice to the many Australian scholars who had the pleasure of meeting and working with him and those who were influenced by his work..

By Adrienne Stone
112 Va. L. Rev. Online 99

Constitutional Acceptance in a Polarized Era

Frederick Schauer left an indelible mark on my thinking and my life. One of the most special aspects of his work, to my mind, was his exploration of the nonconstitutional grounds of constitutional law. The idea of Fred’s that has captivated me more …

By Amanda Shanor
112 Va. L. Rev. Online 86

Deepfakes, Photographs, and Trust in Evidence

In Fred Schauer’s final book, The Proof: Uses of Evidence in Law, Politics, and Everything Else, Fred argued that trust and truth matter now more than ever, and that the law of evidence contains important insights for navigating our ever-challenging …

By Edward K. Cheng
112 Va. L. Rev. Online 74
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