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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 →

The Fourth Amendment is generally seen as a procedural provision blind to a defendant’s conduct in a given case, distinguished… Continue reading →

Suppose that we disagree about a matter of constitutional law. Say that one of us contends, and the other denies,… Continue reading →

Due to advances in technology like mobile applications and online platforms, millions of American workers now earn income through “gig”… Continue reading →

We address the heated debate over the staggered board. One theory claims that a staggered board facilitates entrenchment of inefficient… Continue reading →

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