The New Doctrinalism: Implications for Evidence Theory
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three… Continue reading →
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The Recommendations Clause and the President’s Role in Legislation
Article II, Section 3 of the Constitution is the source of the President’s recommending function, stating that the President “shall… Continue reading →
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The Specification Power
When agencies implement their statutes, administrative law doctrine describes what they do as interpretation. This raises the question of how… Continue reading →
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Infinite Arbitration Clauses
For decades, the Supreme Court has expanded the Federal Arbitration Act (FAA) and companies have placed arbitration clauses in hundreds… Continue reading →
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Estimation Evidence
This Article radically rethinks the treatment of statistical estimation evidence in civil litigation, focusing for convenience on the federal courts.… Continue reading →
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Federalism, ERISA, and State Single‐Payer Health Care
While federal health reform sputters, states have begun to pursue their own transformative strategies for achieving universal coverage, the most… Continue reading →
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Avoidance Creep
At first glance, constitutional avoidance—the principle that courts construe statutes to avoid conflict with the Constitution when possible—appears both unremarkable… Continue reading →
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Prejudice‐Based Rights in Criminal Procedure
This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal… Continue reading →
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Fourth Amendment Moralism
The Fourth Amendment is generally seen as a procedural provision blind to a defendant’s conduct in a given case, distinguished… Continue reading →
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Our Principled Constitution
Suppose that we disagree about a matter of constitutional law. Say that one of us contends, and the other denies,… Continue reading →