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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 →

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 →

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 →

A district court has broad discretion in deciding whether a suit may be maintained as a class action. Variations on… Continue reading →