Horizontal Choice of Law in Federal Court
Federal courts routinely apply state law. In diversity cases, federal courts apply the state law that the forum state would… Continue reading →
Federal courts routinely apply state law. In diversity cases, federal courts apply the state law that the forum state would… Continue reading →
We report the results of an empirical study of appeals from rulings on motions to dismiss for failure to state… Continue reading →
The Hague Convention on Choice of Courts Agreements (“Convention” or “Choice of Court Convention”) aspires to be one of the… Continue reading →
According to functionality doctrine, trademark protection cannot be granted for any feature that is essential to a product’s use or… Continue reading →
Legal scholars have long been fascinated by the topic of government secrecy. Yet they have largely focused their attention on… Continue reading →
Antidiscrimination laws enforce the idea that no one should be forced or encouraged to hide their race, gender, sexuality, or… Continue reading →
Modern courts and commentators have had trouble distinguishing the kinds of decisions that require “judicial” power from the adjudicative tasks… Continue reading →
Since the 1950s, prominent constitutional law professors have often invoked the notion that the Supreme Court acts as an educational institution… Continue reading →
Few aspects of administrative law are as controversial as the major questions doctrine—the exception to Chevron deference that bars courts… Continue reading →
Significant numbers of federal appellate decisions are missing from Westlaw and Lexis. Bloomberg Law has similar, and similarly incomplete, coverage.… Continue reading →