Politics, Identity, and Pleading on the U.S. Courts of Appeals
We report the results of an empirical study of appeals from rulings on motions to dismiss for failure to state… Continue reading →
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The Hague Convention on Choice of Court Agreements: A Critical Assessment
The Hague Convention on Choice of Courts Agreements (“Convention” or “Choice of Court Convention”) aspires to be one of the… Continue reading →
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A Fragility Theory of Trademark Functionality
According to functionality doctrine, trademark protection cannot be granted for any feature that is essential to a product’s use or… Continue reading →
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Secrecy Creep
Legal scholars have long been fascinated by the topic of government secrecy. Yet they have largely focused their attention on… Continue reading →
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Taking Disability Public
Antidiscrimination laws enforce the idea that no one should be forced or encouraged to hide their race, gender, sexuality, or… Continue reading →
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Vested Rights, “Franchises,” and the Separation of Powers
Modern courts and commentators have had trouble distinguishing the kinds of decisions that require “judicial” power from the adjudicative tasks… Continue reading →
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The Supreme Court as Bad Teacher
Since the 1950s, prominent constitutional law professors have often invoked the notion that the Supreme Court acts as an educational institution… Continue reading →
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The Minor Questions Doctrine
Few aspects of administrative law are as controversial as the major questions doctrine—the exception to Chevron deference that bars courts… Continue reading →
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Missing Decisions
Significant numbers of federal appellate decisions are missing from Westlaw and Lexis. Bloomberg Law has similar, and similarly incomplete, coverage.… Continue reading →
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Legal Tech, Civil Procedure, and the Future of Adversarialism
“Legal tech” is transforming litigation and law practice, and its steady advance has tapped a rich vein of anxiety about… Continue reading →