Default Procedures
In vast numbers of debt-collection cases, defendants never appear. Courts then routinely issue default judgments, often rubber stamping complaints with… Continue reading →
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The Original Meaning of Treaties
For nearly two centuries, all three branches of the federal government have thought that the original meaning of the Constitution’s… Continue reading →
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Ancillary Rights
Many constitutional rights would be useless if certain conduct ancillary to those rights was not also protected. The Second Amendment… Continue reading →
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Philadelphia’s Prolonged Youth-Detention Problem: A Survey of Potential Legal Challenges
Introduction Philadelphia’s youth detention facilities have been inadequate for decades. Ideally, these facilities house youth for short periods as their… Continue reading →
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Debt Tokens
The worlds of crypto and bankruptcy have collided. Once-prominent, fast-growing, and even politically influential platforms for trading cryptocurrencies have imploded… Continue reading →
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Prosecuting Families
Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family… Continue reading →
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Spirit
The Founders were not textualists. The letter of the law mattered quite a bit. But, as William Blackstone noted, interpretation… Continue reading →
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Some Realism About Criminal Justice Localism
The American criminal justice system is, by any conceivable measure, highly decentralized—with thousands of local police departments, local prosecutors’ offices,… Continue reading →
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Lessons in Climate Derisking: The United States’ Failed Nuclear Renaissance
Ameliorating climate change depends centrally upon transforming the energy system to run on clean energy. In turn, this transformation requires… Continue reading →
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Control and its Discontents
A series of recent Delaware decisions highlights the Delaware courts’ growing skepticism toward corporate actions in controlled companies. We analyze… Continue reading →