Victory Is Defeat: The Ironic Consequence of Justice Scalia’s Death for Fisher v. University of Texas
(Photo: Pavel Ivanov / Flickr) The recent death of Justice Antonin Scalia on February 13, 2016, leaves the U.S. Supreme… Continue reading →
Volume 164 (2015-2016)
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Perverse Incentives, Cost‐Benefit Imbalances, and the Infield Fly Rule
(Photo: Joel Dinda/Flickr) Judge Andrew J. Guilford and Joel Mallord begin their manifesto against the Infield Fly Rule with an… Continue reading →
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Unguided Missiles: Why the Supreme Court Should Prohibit Police Officers from Shooting at Moving Vehicles
(Photo: Robert Kuykendall/Flickr) In just an eighteen month period, the Supreme Court decided two cases involving the use of deadly… Continue reading →
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An Economic Understanding of Search and Seizure Law
This Article uses economic concepts to understand search and seizure law, the law governing government investigations that is most often… Continue reading →
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How Corporate Governance Is Made: The Case of the Golden Leash
This Article presents a case study of a corporate governance innovation: the incentive compensation arrangement for activist‐nominated director candidates colloquially… Continue reading →
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The Gravitational Force of Federal Law
In the American system of dual sovereignty, states have primary authority over matters of state law. In nonpreemptive areas in… Continue reading →
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What to Do When Main Street Is Legal Again: Regional Land Value Taxation as a New Urbanist Tool
For most of the twentieth century, Americans left urban centers for suburban landscapes. [O]ver the last one hundred years, American… Continue reading →
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Unconscionability as a Coherent Legal Concept
“Contracts of adhesion” are those long, complicated, boring contracts that no one reads and everyone signs. For a long time,… Continue reading →
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Abortion Rights and the Largeness of the Fraction ⅙
The most important abortion rights Supreme Court case in decades may hinge on the answer to a seemingly trivial question—is… Continue reading →
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Concord with Which Other Families?: Marriage Equality, Family Demographics, and Race
Lesbian and gay parents figured prominently in two decades of litigation concerning marriage equality, and Obergefell v. Hodges was no… Continue reading →