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 →
Volume 161 (2012-2013)
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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 →
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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 →
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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 →
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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 →
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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 →
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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 →
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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 →
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Can the States Keep Secrets from the Federal Government?
States amass troves of information detailing the regulated activities of their citizens, including activities that violate federal law. Not surprisingly,… Continue reading →
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Information Issues on Wall Street 2.0
Billions of dollars have flooded new online marketplaces for trading private company stock. These marketplaces stand poised to become important,… Continue reading →