It’s Not Triage if the Patient Bleeds Out
In their article, Triaging Appointed‐Counsel Funding and Pro Se Access to Justice, Professors Benjamin Barton and Stephanos Bibas argue not… Continue reading →
Search results for: “Article”
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Property’s Perspective (Or of Whom to be Jealous)
In tort litigation, the plaintiff compares her current situation to the reality she would have enjoyed if an injury had… Continue reading →
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Algorithms and Speech
One of the central questions in free speech jurisprudence is what activities the First Amendment encompasses. This Article considers that… Continue reading →
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Fracking and Federalism Choice
To date, fracking discourse has focused on whether environmental protections under existing laws ought to be strengthened and whether the… Continue reading →
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Catch-All Doctrinalism and Judicial Desire
In a provocative new article, Professors Carlos Vázquez and Stephen Vladeck suggest that courts dismiss Bivens claims because judges believe… Continue reading →
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What Is Localist Judging and Why Does It Matter?
Judges are local officials too, Ethan Leib helpfully reminds us in his thought‐provoking Article, Localist Statutory Interpretation. Like state court… Continue reading →
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Learning to Live with (a Little) Uncertainty: The Operational Aspects and Consequences of the Geography of Conflict Debate
The issue of the geography of “the battlefield”—that is, where an armed conflict can and does take place—has provoked extensive… Continue reading →
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Whose Conception of Insurance?
Professor Abraham’s new Article, Four Conceptions of Insurance, offers an invaluable overview and critique of four modern conceptions of insurance.… Continue reading →
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Adapting to the New Shareholder-Centric Reality
After more than eighty years of sustained attention, the master problem of U.S. corporate law—the separation of ownership and control—has… Continue reading →
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The Law of Evidence and the Practice of Theory
Theoretical inquiries into the nature and functions of legal doctrine typically focus on adjudication. These inquiries explore, for example, whether… Continue reading →