This review examines the state of scholarship on the politics of injury law, a relatively neglected field. I argue that injury law is an important site of political contestation, particularly for social and economic minorities, that should receive much more attention from law and social science scholars. Drawing on past research from other areas of...
This review surveys contemporary challenges in the field of technology and human rights. The increased use of artificial intelligence (AI) in decision making in the public and private sectors—e.g., in criminal justice, employment, public service, and financial contexts—poses significant threats to human rights. AI obscures and attenuates responsibi...
Extensive urbanization and the consequent rise of megacities are among the most significant demographic phenomena of our time. Our constitutional institutions and constitutional imagination, however, have not even begun to catch up with the new reality. In this article, I address four dimensions of the great constitutional silence concerning the me...
This article reassesses the relationship between populism, democracy, and constitutionalism in light of the strong tendency toward personalism that populism often carries. Populists who have taken power in recent years have often sought to carry out formal or informal constitutional changes. Whereas some of these changes have been celebrated as con...
With the rise of the #MeToo movement, there has been a groundswell of attention to sex-based harassment. Organizations have pressured high-level personnel accused of harassment to resign, or fired them outright, and they have created or revised their anti-harassment policies, complaint procedures, and training programs. This article reviews social ...
This article evaluates the effects of medical malpractice reform on claiming, malpractice premiums, physician supply, and defensive medicine. We conclude that damage caps materially reduce claim frequency, payouts per claim, and total payouts. The effects of damage caps on malpractice premiums, physician supply, and defensive medicine are more mode...
Because attorneys are essential to a fair legal process, it is important to understand the experience of a legal career. This article first reviews research on the influence of attorneys on the legal system, focusing on the effect on the influence of trial attorneys on (a) juries, with a particular focus on attorney skill, behavior, trial decisions...
In this article we review the contested effects of traditional payday loans on borrowers and describe recent regulatory changes to the product. We then provide detail on the institutional features and regulation—to the extent that there is any—of new products emerging to fill demand that remains when payday loans are more strictly regulated. Little...
Technology is changing the way we interact with each other, which in turn is changing the way we resolve our disputes. Every society throughout history has crafted social institutions to resolve problems fairly and consistently, and that is true also for the online society we are building on the Internet. Online dispute resolution (ODR) is the stud...
Healthy development is a fundamental right of the individual, regardless of race, ethnicity, or social class. Youth require special protections of their rights, in part owing to vulnerabilities related to psychological and brain immaturity. These rights include not only protection against harm but opportunities for building the cognitive, emotional...
