Legal Tech, Civil Procedure, and the Future of Adversarialism
“Legal tech” is transforming litigation and law practice, and its steady advance has tapped a rich vein of anxiety about… Continue reading →
Search results for: “Article”
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Cybercrime Litigation
Cybercrime is, undoubtedly, a growing problem. Scarcely a week goes by without reports of massive online misconduct. The primary federal… Continue reading →
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Central Clearing Of Financial Contracts: Theory And Regulatory Implications
To protect economic stability, postcrisis regulation requires financial institutions to clear and settle most of their derivatives contracts through central… Continue reading →
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Legal Limits and the Implementation of the Affordable Care Act
Six years after its enactment and two years after the full implementation of the Affordable Care Act, now is an… Continue reading →
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The Protean Take Care Clause
In simple but delphic terms, the Take Care Clause states that the President “shall take Care that the Laws be… Continue reading →
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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 →
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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 →