Unconstitutional Conditions and the Constitutional Text
Federal and state actors sometimes condition access to benefits that they are constitutionally permitted but not obligated to provide on… Continue reading →
Search results for: “Article”
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Freedom of Information Beyond the Freedom of Information Act
The U.S. Freedom of Information Act (FOIA) allows any person to request any agency record for any reason. This model… Continue reading →
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Unorthodox Civil Procedure: Modern Multidistrict Litigation’s Place in the Textbook Understandings of Procedure
Multidistrict litigation (MDL) is unorthodox, modern civil procedure. It is an old‐but‐new procedural tool that significantly disrupts decades of worked‐out… Continue reading →
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Systemic Failure to Appear in Court
This Article aims to reorient the conversation around “failure-to-appear” (FTA) in criminal court. Recent policy and scholarship have addressed FTA… Continue reading →
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Central Bank Digital Currency as New Public Money
Most people use money—the cash in their wallets or deposits in a bank account—more or less every day. But there… Continue reading →
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Annoy No Cop
The objective of the legality principle is to promote autonomy by providing individuals with opportunities to plan courses of conduct… Continue reading →
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Race in Contract Law
Modern contract law is rife with ideas about race and slavery and cases involving African Americans, but that presence is… Continue reading →
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The Jurisprudence of Dignity
Few words play a more central role in modern constitutional law without appearing in the Constitution than “dignity.” The term… Continue reading →
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Constraining Certiorari Using Administrative Law Principles
The U.S. Supreme Court—thanks to various statutes passed by Congress beginning in 1891 and culminating in 1988—currently enjoys nearly unfettered… Continue reading →
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Copyright as Market Prospect
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order… Continue reading →