Article

My objective in this Article is to offer a description of property as an institution for organizing the use of… Continue reading →

Concepts help economize on information. Conventional wisdom correctly associates conceptualism with formalism but misunderstands the role concepts play in law.… Continue reading →

Property theorists typically conceptualize property as a strict liability regime. Blackstone characterized property as “that sole and despotic dominion which… Continue reading →

The dominant form of legal discourse in contemporary America is welfarist. Though there are important alternatives, welfarism also largely prevails… Continue reading →

The intricate legal framework governing the admission of out-of-court statements in American trials is premised on increasingly outdated communication norms.… Continue reading →

This Article develops a fresh account of the meaning and constitutional function of the Voting Rights Act’s core provision of… Continue reading →

“[T]he freedom . . . of the press” specially protects the press as an industry, which is to say newspapers,… Continue reading →

Corporate takeover defenses have long been a focal point of academic and popular attention. However, no consensus exists on such… Continue reading →

In recent years, school violence has repeatedly shocked the immediately affected communities and the entire country. While the shootings at… Continue reading →

Congress has significantly more constitutional power than we are accustomed to seeing it exercise. By failing to make effective use… Continue reading →