Volume 112
Clarity Before Crisis: Designing Legible Emergency Powers in Financial Regulation
This Essay responds to Samer Saffarini’s argument that post-Loper Bright judicial scrutiny can serve as a necessary check on regulatory overreach in financial crises. While that view is intuitively appealing, this Essay contends that it places too …
By Rohan N. Menon
Volume 112 / Issue 3
Post-Conviction Channeling
People seeking to vacate their criminal convictions face bleak prospects. The reasons for this are myriad, from deferential standards of review to blanket bans on entire categories of claims. Yet lurking beneath these contributors is another, …
By Alexander Hanna
Volume 112 / Issue 3
Read But Not Understood? An Empirical Analysis of Consumer Comprehension in Homeowners Insurance
Modern contract law assumes that consumers meaningfully assent to the standard forms that govern their daily lives. However, this assumption is widely regarded as a legal fiction for two key reasons: first, most consumers do not read standard forms, …
By Daniel Schwarcz, Brenda J. Cude, Kyle D. Logue & German Marquez Alcala
Volume 112 / Issue 3
Did I Get Public Rights Wrong?
In earlier work, I discussed historical understandings of the kinds of disputes that Congress can authorize nonjudicial actors to resolve and the kinds of disputes that can be resolved only by courts. The framework that I described revolved around …
By Caleb Nelson
Volume 112 / Issue 3
Disenfranchisement Creep
Under federal law, states decide whether people lose their voting rights as a result of criminal convictions or mental incapacity. But states vary widely in whether they take federal law up on that offer of exclusion. In one state, you may never …
By Bryna Godar