State Law, the Westfall Act, and the Nature of the Bivens Question
In the past few years, four courts of appeals have applied a presumption against recognition of a Bivens cause of… Continue reading →
Volume 161 (2012-2013)
-
-
Rethinking the Cooperation Clause in Standard Liability Insurance Contracts
Liability insurance literature has identified three central duties owed by the insurer to the policyholder that grow from the standard… Continue reading →
-
Preserving Judicial Supremacy Come Heller High Water
Minimalism does not only facilitate doctrinal innovation in a given area of the law. On my account, the Court sometimes… Continue reading →
-
Escaping Battered Credit: A Proposal for Repairing Credit Reports Damaged by Domestic Violence
Debt and domestic violence are connected in ways not previously imagined. A new type of debt—which I have labeled “coerced… Continue reading →
-
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 →
-
Immigration Preemption after United States v. Arizona
In the last several years, state and local governments have passed laws that attempt to “get tough on undocumented migrants.”… Continue reading →
-
Access to Counsel, Res Judicata, and the Future of Habeas at Guantanamo
As Professor Andrew Kent explains, the recent litigation over whether noncitizens detained at Guantanamo have a continuing right of access… Continue reading →
-
Take Care That the Laws Be Faithfully Litigated
In this Comment, I argue that the framework Presidents use to decide whether to defend arguably unconstitutional statutes should be… Continue reading →
-
Tailoring Discovery: Using Nontranssubstantive Rules to Reduce Waste and Abuse
The current system of discovery in the federal courts can produce enormous costs for both litigants and the court system.… Continue reading →
-
Leaving the Bench, 1970–2009: The Choices Federal Judges Make, What Influences Those Choices, and Their Consequences
This article explores the decisions that, over four decades, lower federal court judges have made when considering leaving the bench,… Continue reading →