Volume 112 / Issue 2

Care and Control in Collaborative Courts: Ethnographic Insights into Therapeutic Justice

Collaborative courts, such as drug courts, reentry courts, and veterans treatment courts, have long been hailed by reformers as therapeutic alternatives to the adversarialism of traditional criminal justice. Proponents argue that such courts embody …

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Volume 112 / Issue 2

Therapeutic Justice and the Problem of Penal Welfare

For decades, scholars and activists have decried the punitive turn in U.S. criminal policy and the rise of mass incarceration. Unsurprisingly, then, much ink has been spilled exploring alternative frameworks for responding to risk creation and …

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Volume 112 / Issue 2

Survivors’ Justice

Nearly a decade ago, the #MeToo movement surfaced deep failings in our criminal and civil legal systems. But the work of retrofitting these systems to meet the needs of victims remains largely incomplete. To that end, survivors’ conceptions of …

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Volume 112 / Issue 2

Wonderland Sentencing: Therapeutic Perspectives on Pretrial Provisional Sentences

In Alice’s Adventures in Wonderland, the Knave of Hearts is accused of stealing tarts. The Queen of Hearts insists that they should “[s]entence [the Knave] first” and hear the verdict afterwards. Alice derides “[t]he idea of having the sentence …

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Volume 112 / Issue 2

Arbitration Exceptionalism

In Morgan v. Sundance, Inc., the Supreme Court addressed a question that has arisen frequently in recent years: If a party initially pursues litigation instead of immediately invoking the right to arbitrate pursuant to a contractual agreement, at …

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ONLINE EDITION

Void Judgments and “Reasonable Time”

Rule 60(b) of the Federal Rules of Civil Procedure authorizes federal district courts, “[o]n motion and just terms,” to “relieve a party or its legal representative from a final judgment, order, or proceeding for” certain specified reasons. Rule …

By Ryan C. Williams
111 Va. L. Rev. Online 254

Neo-Brandeis Goes to Washington: A Provisional Assessment of the Biden Administration’s Antitrust Record

In early 2021, a new coterie of trustbusters came to Washington with the stated purpose of radically overhauling the antitrust status quo. The three central figures—Federal Trade Commission (“FTC”) Chair Lina Khan, Department of Justice (“DOJ”) …

By Daniel A. Crane
111 Va. L. Rev. Online 215

Fourth Amendment Trespass and Internet Search History

Browsing the internet is an everyday activity for many Americans. Law enforcement has capitalized on this reality by employing a novel investigative technique: reverse keyword search warrants. Keyword warrants allow investigators to obtain detailed …

By Alec J.H. Block & Joseph W. Paul
111 Va. L. Rev. Online 188
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