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When agencies implement their statutes, administrative law doctrine describes what they do as interpretation. This raises the question of how… Continue reading →

For decades, the Supreme Court has expanded the Federal Arbitration Act (FAA) and companies have placed arbitration clauses in hundreds… Continue reading →

This Article radically rethinks the treatment of statistical estimation evidence in civil litigation, focusing for convenience on the federal courts.… Continue reading →

While federal health reform sputters, states have begun to pursue their own transformative strategies for achieving universal coverage, the most… Continue reading →

At first glance, constitutional avoidance—the principle that courts construe statutes to avoid conflict with the Constitution when possible—appears both unremarkable… Continue reading →

This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal… Continue reading →

According to entrenched conventional wisdom, the president enjoys considerable advantages over other litigants in the Supreme Court. Because of the… Continue reading →

For decades, we have examined privatization with zeal and rigor. Relegated to the margins, however, have been inquiries into privatization’s… Continue reading →

Expert evidence plays a crucial role in civil and criminal litigation. Changes in the rules concerning expert admissibility, following the… Continue reading →

Virtual Reality (VR) and Augmented Reality (AR) are going to be big—not just for gaming but for work, for social… Continue reading →