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 →
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Disaggregating the Policing Function
Policing imposes serious and extensive harms, from shootings and nonlethal uses of force, to stops, searches, arrests, and incarceration. And… Continue reading →
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Veil Peeking: The Corporation as a Nexus for Regulation
Legal and economic scholarship views the provision of asset partitioning (the separation between the assets of the corporation and its… Continue reading →
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Retributive Expungement
Expungement relief was introduced in the mid-twentieth century to reward and incentivize rehabilitation for arrestees and ex-offenders and to protect… Continue reading →
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The Misunderstood Eleventh Amendment
The Eleventh Amendment might be the most misunderstood amendment to the Constitution. Both its friends and enemies have treated the… Continue reading →
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Supreme Stalemates: Chalices, Jack-O’-Lanterns, and Other State High Court Tiebreakers
High courts + high stakes = high drama. But not always. As the Supreme Court’s 2015 Term showed, some bombshell… Continue reading →
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Heir Hunting
For more than 150 years, companies called “heir hunters” have operated in the shadows of the court system. Heir hunters… Continue reading →