Search results for: “Article”

Thirty‐six years ago, Tom Jackson suggested that corporate bankruptcy law can best be explained and defended as the terms of… Continue reading →

There is nothing so uncontestable as the incentive of an owner to safeguard her belongings. Yet property law contains various… Continue reading →

Over the past several decades, discussions about the appropriate tools of commons management have played out in a particularly illuminating… Continue reading →

Concepts help economize on information. Conventional wisdom correctly associates conceptualism with formalism but misunderstands the role concepts play in law.… Continue reading →

A new brand of plaintiff has come to federal court. In cases involving the Affordable Care Act, the Defense of… Continue reading →

This Article analyzes the current divergence between due process doctrine and practice. It begins by tracing the shift from the… Continue reading →

In any given metropolitan region, scores of municipalities are locked in a zero-sum struggle for mobile sources of jobs and… Continue reading →

Deportation dominates immigration policy debates, yet it amounts to a fraction of the work the immigration enforcement system does. This… Continue reading →

The Supreme Court has set forth in detail the standards that govern convicted prisoners’ Eighth Amendment claims concerning their conditions… Continue reading →