Prison Vouchers
School vouchers have been proposed as a way to bypass the political pathologies of school reform and improve school quality… Continue reading →
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When 10 Trials Are Better than 1000: An Evidentiary Perspective on Trial Sampling
In many mass tort cases, individual trials are simply impractical. Take, for example, Wal-Mart Stores, Inc. v. Dukes, a class… Continue reading →
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Triaging Appointed-Counsel Funding and Pro Se Access to Justice
If appointing some lawyers is good, then appointing more lawyers must be better. At least that seems to be the… Continue reading →
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Codifying Custom
Codifying decentralized forms of law, such as the common law and customary international law, has been a cornerstone of the… Continue reading →
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Getting More By Asking Less: Justifying and Reforming Tax Law’s Offer-In- Compromise Procedure
The Offer in Compromise (OIC) is a procedure by which the IRS may agree to forgive a portion of the… Continue reading →
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Adaptable Due Process
The requirements of procedural due process must adapt to our constantly changing world. Over thirty years have passed since the… Continue reading →
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Searching Secrets
A Fourth Amendment violation has traditionally involved a physical intrusion such as the search of a house or the seizure… Continue reading →
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The Political Economy of Fraud on the Market
The fraud-on-the-market class action no longer enjoys much academic support. The justifications traditionally advanced by its defenders—compensation for out-of-pocket loss… Continue reading →
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Health Insurance, Risk, and Responsibility after the Patient Protection and Affordable Care Act
The Affordable Care Act embodies a new social contract of health care solidarity through private ownership, markets, choice, and individual… Continue reading →
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The Jurisprudence of Dignity
Few words play a more central role in modern constitutional law without appearing in the Constitution than “dignity.” The term… Continue reading →