Will Tax Reform Be Stable?
Stability is essential to any reform’s success, yet it is hardly guaranteed. This is particularly true in tax policy, where… Continue reading →
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Independent Directors and Controlling Shareholders
Independent directors are an important feature of modern corporate law. Courts and lawmakers around the world increasingly rely on these… Continue reading →
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Class Actions and the Counterrevolution Against Federal Litigation
“To a hammer, everything looks like a nail. And to a Court bent on diminishing the usefulness of Rule 23,… Continue reading →
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Jacobins at Justice: The (Failed) Class Action Revolution of 1978 and the Puzzle of American Procedural Economy
In 1978, top DOJ officials in the Carter Administration floated a revolutionary proposal that would have remade the consumer class… Continue reading →
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Policing as Administration
Police agencies should be governed by the same administrative principles that govern other agencies. This simple precept would have significant… Continue reading →
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Evaluating NFL Player Health and Performance: Legal and Ethical Issues
This Article follows the path of a hypothetical college football player with aspirations to play in the National Football League,… Continue reading →
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What We Buy When We Buy Now
Imagine you purchase a new book from Amazon. You visit Amazon.com, find a book that looks promising, click the familiar… Continue reading →
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The Myth of the Nondelegation Doctrine
For much of the nineteenth and early twentieth centuries, the nondelegation doctrine served as a robust check on governmental expansion.… Continue reading →
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The Vanishing Common Law Judge?
The common law style of judging appears to be on its way out. Trial courts rarely shape legal policymaking by… Continue reading →
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Presidential Signing Statements: A New Perspective
This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I… Continue reading →