May, 2011
Visa as Property, Visa as Collateral
May. 30, 2011—Although the “tragic choice” framework has not been applied in the context of U.S. immigration law, current immigration policy is rife with tragic choices, defined as a commitment by policy elites to maintaining certain illusions which shield from public view tough policy choices that offend deeply-held values. Take, for example, the issue of commodification of...
Optimal Lead Plaintiffs
May. 30, 2011—Adequate representation in securities class actions is, at best, an afterthought and, at worst, usurped and subsumed by the Private Securities Litigation Reform Act’s lead-plaintiff appointment process. Once appointed, the lead plaintiff bears a crushing burden: Congress expects her to monitor the attorney, thwart strike suits, and deter fraud, while judges expect her appointment as...
Memory and Punishment
May. 30, 2011—This Article is the first in-depth scholarly exploration of the implications of neurobiological memory modification for criminal law. Its point of entry is the fertile context of criminal punishment, in which memory plays a crucial role. Specifically, this Article will argue that there is a deep relationship between memory and the foundational principles justifying how...