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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 →

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 →

What good is Article V? The Constitution’s amendment rule renders the text inflexible, countermajoritarian, and insensitive to important contemporary constituencies.… 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 →

Impersonal default rules, chosen by private or public institutions, establish settings and starting points for countless goods and activities—cell phones,… Continue reading →

Lawyers and judges speak to each other in a language of precedents – decisions from cases that have come before.… Continue reading →

Scholars engaged in empirical legal research have long struggled to balance the methodological demands of social science with the normative… Continue reading →