Judges must consider domestic violence when determining child custody under state law. Many states guide the custody inquiry with statutory presumptions against awarding custody to abusers. With custody outcomes often hinging on allegations of domestic violence, judges increasingly turn to experts for answers. But expert assessments of domestic violence in the child custody context lack a uniform and reliable methodology. As this Note reveals,...
No. 2
The 2008 financial crisis raised puzzles important for understanding how the capital market prices common stocks and in turn, for the intersection between law and finance. During the crisis, there was a dramatic five-fold spike, across all industries, in “idiosyncratic risk”—the volatility of individual-firm share prices after adjustment for movements in the market as a whole.
This phenomenon is not limited to the most recent financial...
When governmental actors offend federal rights, victims are often left with no one to hold accountable in federal courts. This Article explores this accountability gap in cases involving local officials’ violations of the Constitution. Local government, after all, is the layer of government that is often closest to our daily lives, from law enforcement to education. This Article argues that as a descriptive matter, contrary...
Lower courts disagree about whether and when the Fifth Amendment permits prosecutors to raise an adverse inference of guilt from a criminal suspect’s silence. In Salinas v. Texas, the Supreme Court introduced a new wrinkle into the constitutional analysis: Suspects must first expressly invoke their right to remain silent during police questioning in order to later claim protection for that silence at trial. Significantly, silence...
Since it was decided in 2003, Lawrence v. Texas has underwritten the effort to expand access to marriage to same-sex couples. It is curious that Lawrence has served as a foundation for same-sex marriage. After all, Lawrence was not a case about marriage—same-sex or otherwise. Instead, Lawrence was a case about criminal sex and more specifically about limiting the state’s authority to regulate and...