The Forgotten Elected Officials
When one thinks of elected officials, those that come to mind are heads of the executive, members of the legislature,… Continue reading →
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Precedent and Jurisdiction
The principle of stare decisis provides that courts should usually, but not always, follow their precedents. Recent Supreme Court decisions… Continue reading →
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Tortious Interference Revisited
Tortious interference with contract has bedeviled legal commentators for over a century. It can provide relief in some situations where… Continue reading →
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A New Equal Protection
The Supreme Court is dismantling what little is left of an equal protection doctrine capable of promoting a progressive vision… Continue reading →
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Public Oversight of Publicly Supported Pharma
The prices of drugs developed with federal funding have received a significant amount of political attention. In 1980, Congress passed… Continue reading →
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Taxing Dynasties
The estate tax and the broader wealth transfer tax system are even more broken than is commonly understood. Over the… Continue reading →
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The Police Archipelago: Decentralization, Police Violence, Over-Punishment, and Crime
A strong consensus has taken hold in the legal academy. Criminal Justice Localism, espoused by scholars of every stripe, promotes… Continue reading →
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Procedure, Substance, and Judge Shopping
Every litigant forum shops. Plaintiffs sue where they think they’ll get the best outcome. Defendants can challenge that choice in… Continue reading →
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Making the Party Presentation Principle Safe for Originalism
The Supreme Court sometimes adheres to what it now calls the “party presentation principle”—terminology that dates back to 2008. Although… Continue reading →
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Post-Neoliberal Housing Policy
For the last half-century, housing policy debates and proposals have been dominated by neoliberal, market-based ideas. But after decades of… Continue reading →