Conventional wisdom holds that federal laws conferring banking powers on national banks presumptively preempt state laws seeking to control the… Continue reading →
Cloud computing is the locating of computing resources on the Internet in a fashion that makes them highly dynamic and… Continue reading →
Should preferred stock be treated under corporate law as an equity interest in the issuing corporation or under contract law… Continue reading →
The events of September 11, 2001, forever changed the political and legal responses to terrorism. After more than ten years,… Continue reading →
Cyberattacks are inevitable and widespread. Existing scholarship on cyberespionage and cyberwar is undermined by its futile obsession with preventing attacks.… Continue reading →
This Article presents preliminary findings from the Federal Judicial Center’s (FJC) study of the impact of the Class Action Fairness… Continue reading →
In the 1970s, the Supreme Court prohibited the then-common practice of incarcerating criminal defendants because they lacked the money to… Continue reading →
In well-functioning domestic legal systems, courts provide a mechanism through which commitments and obligations are enforced. A party that fails… Continue reading →
The Fourth Amendment requires “reasonable suspicion” to stop a suspect. As a general matter, police officers develop this suspicion based… Continue reading →
A new and startling development has recently occurred in the law of delegation: Congress has for the first time expressly… Continue reading →