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