Federalism, Regulatory Lags, and the Political Economy of Energy Production
The production of natural gas from formerly inaccessible shale formations through the use of hydraulic fracturing has expanded domestic energy… Continue reading →
The production of natural gas from formerly inaccessible shale formations through the use of hydraulic fracturing has expanded domestic energy… Continue reading →
In the past few years, four courts of appeals have applied a presumption against recognition of a Bivens cause of… Continue reading →
Liability insurance literature has identified three central duties owed by the insurer to the policyholder that grow from the standard… Continue reading →
Minimalism does not only facilitate doctrinal innovation in a given area of the law. On my account, the Court sometimes… Continue reading →
In tort litigation, the plaintiff compares her current situation to the reality she would have enjoyed if an injury had… Continue reading →
In the last several years, state and local governments have passed laws that attempt to “get tough on undocumented migrants.”… Continue reading →
As Professor Andrew Kent explains, the recent litigation over whether noncitizens detained at Guantanamo have a continuing right of access… Continue reading →
In this Comment, I argue that the framework Presidents use to decide whether to defend arguably unconstitutional statutes should be… Continue reading →
The current system of discovery in the federal courts can produce enormous costs for both litigants and the court system.… Continue reading →
This article explores the decisions that, over four decades, lower federal court judges have made when considering leaving the bench,… Continue reading →