Congress’s Constitution
Congress has significantly more constitutional power than we are accustomed to seeing it exercise. By failing to make effective use… Continue reading →
Volume 160 (2011-2012)
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The Political Economy of Fraud on the Market
The fraud-on-the-market class action no longer enjoys much academic support. The justifications traditionally advanced by its defenders—compensation for out-of-pocket loss… Continue reading →
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The Jurisprudence of Dignity
Few words play a more central role in modern constitutional law without appearing in the Constitution than “dignity.” The term… Continue reading →
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Constraining Certiorari Using Administrative Law Principles
The U.S. Supreme Court—thanks to various statutes passed by Congress beginning in 1891 and culminating in 1988—currently enjoys nearly unfettered… Continue reading →
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Subsidizing Fat: How the 2012 Farm Bill Can Address America’s Obesity Epidemic
On a bus in West Philadelphia, a woman feeds her baby an artificial orange beverage from his bottle. The drink… Continue reading →
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Exempt Executives? Dollar General Store Managers’ Embattled Quest for Overtime Pay Under the Fair Labor Standards Act
Beginning in the early 1980s, and continuing for nearly three decades, federal circuit courts unanimously found retail store managers exempt… Continue reading →
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Reevaluating Galaviz v. Berg: An Analysis of Forum-Selection Provisions in Unilaterally Adopted Corporate Bylaws as Requirements Contracts
In the wake of a passing comment and footnote in In re Revlon, Inc. Shareholders Litigation, Delaware practitioners have grappled… Continue reading →
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A Throwback to Less Enlightened Practices: J. McIntyre Machinery, Ltd. v. Nicastro
After two decades of dormancy, the sleeping giant of personal jurisdiction has finally awakened with the Supreme Court’s opinion in… Continue reading →
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What Kind of Discrimination Does the Voting Rights Act Target?
In Volume 160 of the University of Pennsylvania Law Review, I present an interpretive reconstruction of the Voting Rights Act's… Continue reading →
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Custom, Codification, and the Verdict of History
In a terrific new article, Professor Timothy Meyer challenges this exalted view of codification, which numerous scholars since Oppenheim have… Continue reading →