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 →
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Private Enforcement in the States
Scholarship on U.S. litigation and civil procedure has scarcely studied the role of private enforcement in the states. Over the… Continue reading →
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Systemic Failure to Appear in Court
This Article aims to reorient the conversation around “failure-to-appear” (FTA) in criminal court. Recent policy and scholarship have addressed FTA… Continue reading →
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Conflicts of Law and the Abortion War Between the States
On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme… Continue reading →