Professor Fredrick Vars criticizes the Supreme Court’s recent decision in Metrish v. Lancaster. That case broadened the prohibition on introducing evidence of mental illness to negate intent in criminal cases. Because many states allow evidence of intoxication on intent, Professor Vars argues that it is illogical and unfair…

In this response to William Baude’s article, “Rethinking the Federal Eminent Domain Power,” Christian Burset challenges Baude’s claim that antebellum legislators, commentators, and judges uniformly refused to acknowledge a federal eminent domain power. Examining historical sources and case law, Burset highlights how changing political attitudes influenced historic beliefs…

Professor Wendy Greene highlights the continued importance of analyzing interracial relationships in the framework of the law in her review of Professor Angela Onwuachi-Willig’s book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family. Professor Greene comments that given the Supreme Court’s continued interest in cases involving marital…