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 →
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False Analogies to Predatory Pricing
“We are living in the age of the false, and often shameless, analogy . . . . [Analogies’] weakness is… Continue reading →
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Terms of Service and Fourth Amendment Rights
Almost everything you do on the Internet is governed by Terms of Service. The language in Terms of Service typically… Continue reading →
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Unconstitutional Conditions and the Constitutional Text
Federal and state actors sometimes condition access to benefits that they are constitutionally permitted but not obligated to provide on… Continue reading →
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The Sweep and Force of Section Three
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion.… Continue reading →
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Detecting Mens Rea in the Brain
What if the widely used Model Penal Code (MPC) assumes a distinction between mental states that doesn’t actually exist? The… Continue reading →
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Race, Reckoning, Reform, and the Limits of the Law of Democracy
It is a moment of racial reckoning. It is not the first, it will not be the last, and it… Continue reading →
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Justifying Bad Deals
In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and… Continue reading →