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Large groups regularly turn to the White House to resolve complex disputes collectively, much like a class action. These presidential… Continue reading →

By global standards, the U.S. Supreme Court is unusual in a number of respects, but one of its most distinctive… Continue reading →

Now you see it. Now you don’t. This is not a magician’s incantation. It is a description of retroactive classification,… Continue reading →

Economic analysis and rational choice have made significant inroads into the study of international law and institutions in the last… Continue reading →

There are ninety-four federal district courts in the United States, but nearly half of the six thousand patent cases filed… Continue reading →

There is growing tension in the law between an employee’s right to religious expression in the workplace and an employer’s… Continue reading →

Tontines are investment vehicles that can be used to provide retirement income. A tontine is a financial product that combines… Continue reading →

The Fourth Amendment requires “reasonable suspicion” to stop a suspect. As a general matter, police officers develop this suspicion based… Continue reading →

Policymakers and legal scholars routinely make “comparative institutional competence” claims—claims that one branch of government is better at performing a… Continue reading →

A new and startling development has recently occurred in the law of delegation: Congress has for the first time expressly… Continue reading →