Articles in ‘Faculty Scholarship’

Michael W. McConnell

November 8, 2013 | Issue 89

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 [...]

Barbara H. Fried

November 8, 2013 | Issue 89

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,” [...]

Pamela S. Karlan and the Law of Democracy

November 2, 2012 | Issue 87

“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.”

The Death Penalty 
in the Hot Seat


June 11, 2012 | Issue 86

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 [...]

Ralph Richard Banks

October 28, 2011 | Issue 85

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 [...]

Alison D. Morantz

October 28, 2011 | Issue 85

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, [...]

Dan Reicher

October 28, 2011 | Issue 85

Dan Reicher’s career is something of a “how to” for aspiring environmental lawyers. He has spent 25 years immersed in energy and environmental issues, exploring policy, finance, law, and technology. He has broad government and policy experience, including serving in the Clinton administration at the Department of Energy (DOE) as [...]

The Slave Trade and the Origins of International Human Rights Law

October 28, 2011 | Issue 85

In the year 1800, slavery was normal. European countries used international law to authorize and justify the ownership of human beings. In the first decade of the nineteenth century, an estimated 609,000 slaves arrived in the New World. Within a relatively short time span, however, things began to change. In [...]

Studying Prison Realignment in Real Time

October 28, 2011 | Issue 85

The photos flashing on the screen required little explanation, though Michael Bien offered it anyway to students assembled this October for their third meeting of the fall quarter‘s Advanced Seminar on Criminal Law & Public Policy: A Research Practicum.

Mark G. Kelman Views Heuristic Reasoning Through the Legal Lens

May 31, 2011 | Issue 84

New York City’s Special Services for Children agency was in the midst of a severe financial crisis in 1976, with shrinking resources and rising need. Mark Kelman, fresh out of law school, was the director of criminal justice projects for the Fund for the City of New York. One of [...]