Scholarship

| Issue 89

Michael W. McConnell

Michael McConnell has a keen interest in how history can help us understand current 
constitutional issues. His research frequently begins with unearthing early controversies over constitutional provisions and then analyzing how those discussions could inform 
contemporary debates. Moving past the politically charged debate over “originalism,” and whether we should be [...]

| Issue 89

Barbara H. Fried

The recriminations flying back and forth in the wake of the mortgage crisis were 
bugging Barbara Fried. Were the banks to blame? Were the people who took out mortgages they couldn’t afford to blame? “How about we don’t blame anyone?” she asks, discussing 
her recent Boston Review article, “Beyond Blame,” [...]

| Issue 88

Mariano-Florentino Cuéllar Governing Security

Mariano-Florentino Cuéllar spent much of his childhood in the Texas Rio Grande Valley 
and then in California’s Imperial Valley on the U.S.-Mexico border. It was during this time, he says, 
that he first observed the power of law and the importance of public policy. “The government had the power to [...]

| Issue 88

Nora Freeman Engstrom on the Contingency Fee Cost Paradox

The spark for Nora Freeman Engstrom’s interest in “settlement mills” came at 
an unexpected moment while she was watching the 2004 World Series. 
One law firm ad stood out because it ran over and over again—with the lawyer in the ad 
enthusiastically encouraging clients to bring their cases to his [...]

| Issue 87

David Freeman Engstrom on Qui tam

Qui tam—It’s not a term that many people can confidently pronounce, let alone define. But if Associate Professor David Freeman Engstrom, JD ’02, has his way, the qui tam lawsuit, which has enjoyed a recent renaissance, will soon be a 
serious topic of academic and policy debate. Engstrom has 
undertaken [...]

| Issue 87

Pamela S. Karlan and the Law of Democracy

“We took a bunch of areas of law that people had thought of as separate silos. We showed that there are important relationships between them and that you can gain a vantage point to critically view one from looking at another; there’s an ecosystem. There are political scientists, sociologists, historians, computer scientists, and people who study the actual physical process of voting, ballot design, and voting machines. Campaign finance and political structure. Super PACs. It’s all part of our democracy.”

| Issue 86

Civil Rights 
in a New Light

Richard Thompson Ford’s opinion piece in The New York Times last fall was something of a cat among the pigeons. In the essay, based on his book Rights Gone Wrong: How Law Corrupts the Struggle for Equality, Ford suggested that civil rights litigation was hurting the cause. “But civil rights [...]

| Issue 86

The Death Penalty 
in the Hot Seat


John J. Donohue III, C. Wendell and Edith M. Carlsmith Professor of Law, has brought his economic expertise and empirical techniques to bear on a number of cutting-edge social issues. In stark contrast to many legal academics, whose work deals largely with the historical or theoretical, Donohue is renowned for [...]

| Issue 85

Ralph Richard Banks

Should black women be held hostage to the failings of black men? That’s the provocative question at the heart of a new book by
 Ralph Richard Banks (BA ’87, MA ’87), the Jackson Eli Reynolds Professor of Law. His book—Is Marriage for White People?: How the African American Marriage Decline [...]

| Issue 85

Alison D. Morantz

Alison D. Morantz has an orange hardhat and a block of bituminous coal 
in her office—keepsakes from visits she made to a gold mine and a coal mine several years ago. 
“I found it interesting,” she says, responding to a question about whether she was scared. The underground worlds were, [...]