What is Habeas?
The debate about post-conviction habeas for state prisoners is long-running, heated, and conceptually hazy. A majority of the Court is… Continue reading →
Search results for: “Article”
-
-
The Sweep and Force of Section Three
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion.… Continue reading →
-
False Analogies to Predatory Pricing
“We are living in the age of the false, and often shameless, analogy . . . . [Analogies’] weakness is… Continue reading →
-
Debt Tokens
The worlds of crypto and bankruptcy have collided. Once-prominent, fast-growing, and even politically influential platforms for trading cryptocurrencies have imploded… Continue reading →
-
Don’t Just Do Something, Stand There
Data breaches of companies that expose consumer information are a pervasive and growing issue. The United States Courts of Appeals… Continue reading →
-
Copyright as Legal Process: The Transformation of American Copyright Law
American copyright law has undergone an unappreciated conceptual transformation over the course of the last century. Originally conceived of as… Continue reading →
-
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 →
-
Do You Have to Keep the Government's Secrets? Retroactively Classified Documents, the First Amendment, and the Power to Make Secrets Out of the Public Record
Now you see it. Now you don’t. This is not a magician’s incantation. It is a description of retroactive classification,… Continue reading →
-
Behavioral International Law
Economic analysis and rational choice have made significant inroads into the study of international law and institutions in the last… Continue reading →
-
Structure and Value in the Common Law
Common law concepts have fallen into disrepute among legal theorists. The rise of Legal Realism in the early twentieth century… Continue reading →