Jed S. Rakoff

A Prisoner of His Own Restraint

Felix Frankfurter was renowned as a liberal lawyer and advocate. Why did he turn out to be such a conservative Supreme Court justice?

The Rich Get Richer

The law professor Marc Steinberg lays out a series of reasonable proposals for reforming securities law, but Congress is unlikely to act.

Sentenced by Algorithm

Computer programs used to predict recidivism and determine prison terms have a high error rate, a secret design, and a demonstrable racial bias.

Getting Away With Murder

It’s time to start prosecuting executives for crimes they commit on behalf of their companies.

Covid in the Prisons

Covid & the Courts

Jailed by Bad Science

Washington’s Legacy for American Jews

As Washington envisaged in his letter, Americans have in so many ways become “a great and a happy people,” Jewish Americans not least among them. But eternal vigilance is the price of liberty.

The Last of His Kind

Our Lying Eyes

Inaccurate eyewitness identifications appear to be the single greatest contributor to wrongful convictions.

Marshall Law

Hail to the Chief

Don’t Count on the Courts

The MVP of the Second Circuit

Will the Death Penalty Ever Die?

How can one applaud capital punishment knowing that those executed may well be innocent?

You Won’t Get Your Day in Court

Winners Should Recover Costs

Every country other than the US with a developed judicial system entitles the winners in civil suits to recover their litigation costs from the losers.

Why You Won’t Get Your Day in Court

Over the past few decades, ordinary US citizens have increasingly been denied effective access to their courts.

‘Terror’ and Everybody’s Rights

Say the word “war” and the rule of law often implodes

Attorneys and Brigadiers