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Congress is more ideologically polarized now than at any time in the modern regulatory era, which makes legislation ever harder… Continue reading →

Are corporations “persons” with constitutional rights? The Supreme Court has famously avoided analysis of the question, while recognizing that corporations… Continue reading →

The Dodd–Frank Act, enacted in the wake of the U.S. financial crisis of 2007 to 2009, is the federal government’s… Continue reading →

This Article is part of an ongoing study of the behavior of American political institutions, including courts, with respect to… Continue reading →

Attorneys’ fees fuel litigation, yet little is known about fees. Fee data are rarely available in the United States or… Continue reading →

It hardly needs saying that summary judgment has been a controversial topic. The device was, by many accounts, long a… Continue reading →

With the possible exception of John Marshall, the Justice most frequently quoted by legal scholars is almost certainly Oliver Wendell… Continue reading →

To preview my argument briefly, plausibility pleading formally asks judges—for the first time since the advent of the Federal Rules—to… Continue reading →

The normative goals of the 1938 Federal Rules facilitated a reconceptualization of federal adjudication by welcoming into court a diverse… Continue reading →

Every contemporary American lawyer who has engaged in litigation is familiar with the now fifty-four-volume treatise, Federal Practice and Procedure.… Continue reading →