National Parks, Incorporated
Public lands and private enterprise exist in an uncomfortable equilibrium. Since their founding, the national parks have embraced some forms… Continue reading →
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Church Taxes and the Original Understanding of the Establishment Clause
Since the Supreme Court’s decision in Everson v. Board of Education, it has been widely assumed that the Establishment Clause forbids… Continue reading →
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Detecting Mens Rea in the Brain
What if the widely used Model Penal Code (MPC) assumes a distinction between mental states that doesn’t actually exist? The… Continue reading →
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Justifying Bad Deals
In the past decade, psychological and behavioral studies have found that individual commitment to contracts persists beyond personal relationships and… Continue reading →
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Illiberal Law in American Courts
American courts are at times required to interpret the laws of authoritarian countries. Though such cases are increasingly common, they… Continue reading →
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The Congressional Bureaucracy
Congress has a bureaucracy. This Article introduces the concept of the “congressional bureaucracy,” and theorizes what it means for Congress… Continue reading →
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The Defender General
The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the… Continue reading →
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Surveilling and Then Shooting the Messenger: Intermediaries, Gag Orders, and the First Amendment
In the context of domestic criminal surveillance, law enforcement agencies have historically relied on the practice of obtaining user information… Continue reading →
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The Executive Power Clause
Article II of the Constitution vests “the executive power” in the President. Advocates of presidential power have long claimed that… Continue reading →
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Rate Regulation Redux
Rather than quietly revive cost-of-service rate regulation, this Article argues that FERC should simplify reserve requirements, stop counteracting state clean… Continue reading →