Suboptimal Social Science and Judicial Precedent
The social sciences have developed dramatically over the last century in both breadth and sophistication. These disciplines offer systematic data… Continue reading →
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The State and the “Psycho Ex-Wife”: Parents’ Rights, Children’s Interests, and the First Amendment
On June 6, 2011, a judge in a small Pennsylvania county courthouse issued a custody order and started a firestorm.… Continue reading →
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The Property Matrix: An Analytical Tool to Answer the Question, “Is This Property?”
While it is easy for us to recognize a tangible object as property, we are less comfortable recognizing an intangible… Continue reading →
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Up for Grabs: A Workable System for the Unilateral Acquisition of Chattels
This paper is about the everyday occurrence of coming across an object in the world and evaluating whether or not… Continue reading →
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Delay in Considering the Constitutionality of Inordinate Delay: The Death Row Phenomenon and the Eighth Amendment
The Supreme Court has repeatedly declined to address the validity of the unconstitutional delay claim raised by Valle and other… Continue reading →
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Rethinking the Cooperation Clause in Standard Liability Insurance Contracts
Liability insurance literature has identified three central duties owed by the insurer to the policyholder that grow from the standard… Continue reading →
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Preserving Judicial Supremacy Come Heller High Water
Minimalism does not only facilitate doctrinal innovation in a given area of the law. On my account, the Court sometimes… Continue reading →
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Take Care That the Laws Be Faithfully Litigated
In this Comment, I argue that the framework Presidents use to decide whether to defend arguably unconstitutional statutes should be… Continue reading →
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Tailoring Discovery: Using Nontranssubstantive Rules to Reduce Waste and Abuse
The current system of discovery in the federal courts can produce enormous costs for both litigants and the court system.… Continue reading →