Law and Moral Dilemmas
Vol. 130 No. 2
A runaway trolley rushes toward five people standing on the tracks, and it will surely kill them all. Fortunately, you can reach a switch...
Author
Bert I. Huang
Shallow Signals
When laws quietly permit people to act in ways usually forbidden, they create “shallow signals” that may lead others to act illegally.
Vol. 126 No. 8
Lightened Scrutiny
Vol. 124 No. 5
The current anxiety over judicial vacancies is not new. For decades, judges and scholars have debated the difficulties of having too few judges for too many cases in the federal courts. At risk, it is said, are cherished and important process values. Often left unsaid is a further possibility: that not only process, but also the outcomes of cases, might be at stake. This Article advances the conversation by illustrating how judicial overload might entail sacrifices of first-order importance.