Illiberal Law in American Courts
American courts are at times required to interpret the laws of authoritarian countries. Though such cases are increasingly common, they… Continue reading →
Volume 168 (2019-2020)
-
-
The Congressional Bureaucracy
Congress has a bureaucracy. This Article introduces the concept of the “congressional bureaucracy,” and theorizes what it means for Congress… Continue reading →
-
Availability of Tolling in a Presidential Prosecution
There have been only a few instances in the history of the United States when the conduct of the President… Continue reading →
-
The Defender General
The United States needs a Defender General—a public official charged with representing the collective interests of criminal defendants before the… Continue reading →
-
Finality and Foreclosure: Determining a Homeowner’s Ability to Appeal in Mortgage Foreclosure Cases
The 2008 Great Recession arose from a massive, wide-scale disruption to the United States housing market. In the years leading up to it,… Continue reading →
-
Confronting Justice Head-On: The Role of States in Protecting Face-to-Face Confrontation
The Confrontation Clause of the Sixth Amendment provides: “In all criminal prosecutions, the accused shall enjoy the right . .… Continue reading →
-
Juvenile Due Process: Applying Contract Principles to Ensure Voluntary Criminal Confessions
Recognition that juveniles are limited in their decisionmaking informs most areas of the law. In recent years, the Supreme Court… Continue reading →
-
Smart Contract Dispute Resolution: The Inescapable Flaws of Blockchain-Based Arbitration
Over two hundred and fifty million transactions occurred on the Ethereum blockchain in 2018. This staggering level of digital commerce… Continue reading →
-
The Executive Power Clause
Article II of the Constitution vests “the executive power” in the President. Advocates of presidential power have long claimed that… Continue reading →
-
Rate Regulation Redux
Rather than quietly revive cost-of-service rate regulation, this Article argues that FERC should simplify reserve requirements, stop counteracting state clean… Continue reading →