Tiers for the Establishment Clause
When compared with other constitutional doctrines, Establishment Clause doctrine is confused and anomalous, both substantively and with regard to standing.… Continue reading →
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Annoy No Cop
The objective of the legality principle is to promote autonomy by providing individuals with opportunities to plan courses of conduct… Continue reading →
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Our Regionalism
This Article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal… Continue reading →
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Copyright as Market Prospect
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order… Continue reading →
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Contested Visions: The Value of Systems Theory for Corporate Law
Despite the dominant role corporations play in our economy, culture, and politics, the nature and purpose of corporations remain hotly… Continue reading →
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Delegating for Trust
Courts and legal observers have long been concerned by the scope of authority delegated to administrative agencies. The dominant explanation… Continue reading →
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Unorthodox Civil Procedure: Modern Multidistrict Litigation’s Place in the Textbook Understandings of Procedure
Multidistrict litigation (MDL) is unorthodox, modern civil procedure. It is an old‐but‐new procedural tool that significantly disrupts decades of worked‐out… Continue reading →
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Priority Matters: Absolute Priority, Relative Priority, and the Costs of Bankruptcy
Chapter 11 of the Bankruptcy Code is organized around the absolute priority rule. This rule mandates the rank‐ordering of claims.… Continue reading →
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“A Radical Proposal”: The Multidistrict Litigation Act of 1968
One of the central stories in current procedural law is the recent and rapid ascendance of federal multidistrict litigation, or,… Continue reading →