Severability of Statutes

Tom Campbell Volume 62, Issue 6, 1495-1526 Courts legislate when they engage in “severability analysis,” allowing part of a law to continue in force after having struck down other parts as unconstitutional. This is flawed for the same reason that the legislative veto...

Race Audits

R.A. Lenhardt Volume 62, Issue 6, 1527-1578 The persistence of the problems that attend the American color line makes clear the need for greater experimentation and innovation in the area of race. For years now, we have looked primarily to courts for solutions. But...

Jury 2.0

Caren Myers Morrison Volume 62, Issue 6, 1579-1632 When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an “impartial jury,” it is unlikely that they imagined the members of...