State Law, the Westfall Act, and the Nature of the Bivens Question
In the past few years, four courts of appeals have applied a presumption against recognition of a Bivens cause of… Continue reading →
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Leaving the Bench, 1970–2009: The Choices Federal Judges Make, What Influences Those Choices, and Their Consequences
This article explores the decisions that, over four decades, lower federal court judges have made when considering leaving the bench,… Continue reading →
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Can the States Keep Secrets from the Federal Government?
States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly,… Continue reading →
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Information Issues on Wall Street 2.0
Billions of dollars have flooded new online marketplaces for trading private company stock. These marketplaces stand poised to become important,… Continue reading →
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A House Still Divided
Professor Huntington, in her Response, A House Still Divided, is sympathetic to Cox’s desire to discard the traditional dichotomy between… Continue reading →
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Immigration Law’s Organizing Principles: A Response
Professor Schuck, in his Response, Immigration Law’s Organizing Principles: A Response, agrees that there is overlap in the incentives and… Continue reading →
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Saving Lives Through Administrative Law and Economics: A Response
Professor Hsu, in his Response, Saving Lives Through Administrative Law and Economics: A Response, takes issue with Graham’s support for… Continue reading →
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Saving Lives: Benefit-Cost Analysis and Distribution
Professor Hammitt, in his Response, Saving Lives: Benefit-Cost Analysis and Distribution, focuses on Graham’s support for using BCA as a… Continue reading →
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Only a Poor Workman Blames His Tools: On Uses and Abuses of Benefit-Cost Analysis in Regulatory Decision Making About the Environment
Professor Elliott, in his Response, Only a Poor Workman Blames his Tools: On the Uses and Abuses of Benefit-Cost Analysis… Continue reading →
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Playing Around With Religion’s Constitutional Joints
Professor Smith argues more generally that, when it comes to the Religion Clause, “there just is not much to say… Continue reading →