Context, Content, Intent: Social Media’s Role in True Threat Prosecutions
The doctrine that carves out “true threats” from First Amendment protection has been unclear, in its scope and operation, since… Continue reading →
Volume 168 (2019-2020)
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The Specification Power
When agencies implement their statutes, administrative law doctrine describes what they do as interpretation. This raises the question of how… Continue reading →
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Infinite Arbitration Clauses
For decades, the Supreme Court has expanded the Federal Arbitration Act (FAA) and companies have placed arbitration clauses in hundreds… Continue reading →
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Estimation Evidence
This Article radically rethinks the treatment of statistical estimation evidence in civil litigation, focusing for convenience on the federal courts.… Continue reading →
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“Best” Interests and “Bad” Parents: Immigration and Child Welfare Through the Lens of SIJS and Foster Care
At first glance, the immigration system and the domestic child welfare system may appear to be worlds apart, but in… Continue reading →
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Catch Rule 22: When Interpleader Actions Violate Statutory and Constitutional Diversity Jurisdiction Requirements
Since the time of the Founding, actions in strict interpleader have allowed parties in possession of a fund or other… Continue reading →
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Federalism, ERISA, and State Single‐Payer Health Care
While federal health reform sputters, states have begun to pursue their own transformative strategies for achieving universal coverage, the most… Continue reading →
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Avoidance Creep
At first glance, constitutional avoidance—the principle that courts construe statutes to avoid conflict with the Constitution when possible—appears both unremarkable… Continue reading →
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Prejudice‐Based Rights in Criminal Procedure
This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal… Continue reading →
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