Foreign Affairs, Nondelegation, and the Major Questions Doctrine
Some of the Supreme Court Justices and scholars who support a reinvigoration of the nondelegation doctrine would allow for an… Continue reading →
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The Rise of Private Equity Continuation Funds
This Article provides the first comprehensive examination of an emerging practice within the private equity sector: continuation funds. Continuation funds… Continue reading →
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Government Misinformation Platforms
There is a harmful mismatch between how information published by the government is perceived—as highly trustworthy—and the reality that it… Continue reading →
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Defamation as Democracy Tort
New York Times v. Sullivan set a striking principle: without (nearly unobtainable) proof of “actual malice,” public officials cannot win… Continue reading →
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The Law of Geographic Labor Market Inequality
How the law contributes to economic inequality is the subject of renewed attention, but the legal dimensions of geographic inequality… Continue reading →
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Arbitration’s Unraveling
It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that… Continue reading →
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The Failed Promise of Installment Fines
In the 1970s, the Supreme Court prohibited the then-common practice of incarcerating criminal defendants because they lacked the money to… Continue reading →
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Outcome Reasons and Process Reasons in Normative Constitutional Theory
Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that… Continue reading →
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Central Bank Digital Currency as New Public Money
Most people use money—the cash in their wallets or deposits in a bank account—more or less every day. But there… Continue reading →