Persisting Sovereignties
From the first days of the United States, the story of sovereignty has not been oneof a simple division between… Continue reading →
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Arbitrariness Review and Climate Change
In its ideal form, arbitrariness review is an instrument for promoting“deliberative democracy”—a system that combines reason-giving with politicalaccountability. Under arbitrariness… Continue reading →
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The Living Rules of Evidence
The jurisprudential evolution of evidence law is dead. At least, that’s whatwe’re expected to believe. After all, it’s been forty-seven… Continue reading →
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America’s Misunderstood Constitutional Rights
In contemporary rights jurisprudence and theory, the Fourteenth Amendment andthe Federal Bill of Rights are most frequently conceptualized as bulwarks… Continue reading →
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Plainly Incompetent: How Qualified Immunity Became an Exculpatory Doctrine of Police Excessive Force
Recent instances of law enforcement killing community members and ensuing social movements have increased public attention on the issue of… Continue reading →
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Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, and Democratic Design
Statutory interpretation is a unique legal field that appreciates fiction as much as fact. For years, judges and scholars have… Continue reading →
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Tax Law as Foreign Policy
The use of economic statecraft is at a high-water mark. The United States uses sanctions, tariffs, and import and export… Continue reading →
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The Perils of Land Use Deregulation
Land use regulation and zoning have long been core functions of local governments. Critics of local land use practices, however,… Continue reading →
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The Case for Resurrecting the FTC Act’s Penalty Offense Authority
On April 22, 2021, the Supreme Court unanimously ruled that the Federal Trade Commission cannot continue to seek monetary relief from wrongdoers… Continue reading →
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Cleaning Corporate Governance
Although empirical scholarship dominates the field of law and finance, much of it shares a common vulnerability: an abiding faith in the… Continue reading →