Quasi-Public Spending

This Article introduces the concept of “quasi-public spending” to describe [a] type of policy, whereby public provision of goods and services is effected not through direct, tax-funded government programs, as is common in continental Europe, but rather through a mixture of individuals’ direct expenditures driven by government subsidies and mandates, smaller scale taxes to make […]

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Religion Is Not a Basis for Harming Others

Increasingly, people are claiming that practicing their religion gives them a right to inflict injuries on others. Court clerks assert their religion gives them a right to refuse to give marriage licenses to same-sex couples. Businesses claim that their owners’ religious beliefs are a basis for refusing to provide services at same-sex weddings. Employers demand […]

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The New International Tax Diplomacy

International tax avoidance by multinational corporations is now frontpage news. At its core, the issue is simple: the tax regimes of different countries allow multinational corporations to book much of their income in low-tax or no-tax jurisdictions, and many of their expenses in high-tax jurisdictions, thereby significantly reducing their tax liabilities. In a time of […]

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Prosecuting Collateral Consequences

Criminal law scholars have long agreed that prosecutors wield vast and largely unreviewable discretion in the criminal justice system. This Article argues that this discretion now extends beyond criminal penalties and broadly reaches civil public policy decisions, such as deportation and licensing. As a result of ubiquitous plea bargaining and collateral consequences—state-imposed civil penalties that […]

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Trial by Machine

This Article explores the rise of “machines” in criminal adjudication. Human witnesses now often give way to gadgets and interpretive software, juries’ complex judgments about moral blameworthiness give way to mechanical proxies for criminality, and judges’ complex judgments give way to sentencing guidelines and actuarial instruments. Although mechanization holds much promise for enhancing objectivity and […]

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There Are No Children Here: D.C. Youth in the Criminal Justice System

In the District of Columbia, the U.S. Attorney’s Office has absolute authority to charge sixteen- and seventeen-year-olds as adults for certain crimes and prosecute them as adults in the Criminal Division of D.C. Superior Court, automatically divesting the juvenile justice system of jurisdiction over them. No hearing is afforded to those individuals to determine whether […]

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Innovation, Arbitrage, and Ethics: The Role of Lawyers in the Development of a New Transnational Islamic Finance Law

In July 2014, the U.K. government inaugurated a £200 million sukuk1 issuance, making it the first non-Muslim government to turn to this method of Shari‘ah-compliant financing in place of a conventional sovereign bond structure. This landmark issuance represents the increasing interest that non-Muslim investors in financial capitals worldwide have taken in the rapidly growing Islamic […]

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Milk, Ideology, and Law: Perfect Foods and Imperfect Regulation

When advertisers in the 1990s were developing what would become the highly successful “got milk?” campaign, they struggled with the fact that milk, as a daily staple, was not a “very high-interest item in people’s lives.” People at the time already “knew” that milk was good for them, and advertisements that highlighted the health benefits […]

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