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

The U.S. Supreme Court has insisted that standing doctrine is a “bedrock” requirement only of Article III. Accordingly, both jurists… Continue reading →

At one point or another, every law student likely encounters Lujan v. Defenders of Wildlife, in which the Supreme Court… Continue reading →

Corporate governance incentives at too-big-to-fail financial firms deserve systematic examination. For industrial conglomerates that have grown too large to be… Continue reading →

Cyberattacks are inevitable and widespread. Existing scholarship on cyberespionage and cyberwar is undermined by its futile obsession with preventing attacks.… Continue reading →

It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the… Continue reading →