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There is a growing concern over concentration and market power in a broad range of industrial sectors in the United… Continue reading →

A nascent competitor is a firm whose prospective innovation represents a serious threat to an incumbent. Protecting such competition is… Continue reading →

Public lands and private enterprise exist in an uncomfortable equilibrium. Since their founding, the national parks have embraced some forms… Continue reading →

Since the Supreme Court’s decision in Everson v. Board of Education, it has been widely assumed that the Establishment Clause forbids… Continue reading →

What if the widely used Model Penal Code (MPC) assumes a distinction between mental states that doesn’t actually exist? The… Continue reading →

In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and… Continue reading →

American courts are at times required to interpret the laws of authoritarian countries. Though such cases are increasingly common, they… Continue reading →

Congress has a bureaucracy.  This Article introduces the concept of the “congressional bureaucracy,” and theorizes what it means for Congress… Continue reading →

The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the… Continue reading →