The Case for Resurrecting the FTC Act’s Penalty Offense Authority
On April 22, 2021, the Supreme Court unanimously ruled that the Federal Trade Commission cannot continue to seek monetary relief from wrongdoers… Continue reading →
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Cleaning Corporate Governance
Although empirical scholarship dominates the field of law and finance, much of it shares a common vulnerability: an abiding faith in the… Continue reading →
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Exploring the Interpretation and Application of Procedural Rules: The Problem of Implicit and Institutional Racial Bias
Modern American civil procedure seeks to be clear, fair, and rational. The goal of the Federal Rules of Civil Procedure,… Continue reading →
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The Past and Future of Procedure Scholarship
Written for a symposium honoring Steve Burbank’s contributions to procedure scholarship, this Essay takes Geoff Hazard’s monograph, Research in Civil Procedure,… Continue reading →
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Rulemaking’s Second Founding
This Essay takes its title from Professor Eric Foner’s 2019 Pulitzer Prize winning book The Second Founding.1 Foner’s book traces the development and adoption… Continue reading →
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The Collapse of the Federal Rules System
A prominent federal judge who knows the field well suggested that I immerse myself in Steve Burbank’s work when I… Continue reading →
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The Office of the Chief Circuit Judge
Despite famously being called, merely, “one among equals,” the Chief Judge of a federal court of appeals plays a significant… Continue reading →
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Reflections on the Nexus of Procedure and History: The Example of Modern American Arbitration
There is surely no more appropriate context in which to discuss interdisciplinary approaches to civil procedure than in a festschrift… Continue reading →
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The Architecture of Judicial Ethics
In 1999, Professor Stephen Burbank wrote an article entitled The Architecture of Judicial Independence.1 It is a foundational piece that gave structure to… Continue reading →
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Deferring to Foreign Courts
Federal judges have too many options for deferring to foreign courts, none of them particularly good. Not only have judges… Continue reading →