Vested Rights, “Franchises,” and the Separation of Powers
Modern courts and commentators have had trouble distinguishing the kinds of decisions that require “judicial” power from the adjudicative tasks… Continue reading →
Volume 169(2021-2022)
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The Supreme Court as Bad Teacher
Since the 1950s, prominent constitutional law professors have often invoked the notion that the Supreme Court acts as an educational institution… Continue reading →
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T-Tip Negotiations Round Two: An Opportunity to Redirect the Trajectory of International Investment Law
Over 2,500 international investment agreements govern trillions of dollars in foreign direct investment that crisscrosses the globe. Nonetheless, the international… Continue reading →
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The Right to Petition as Access and Information
Our lobbying industry is widely criticized as a pay-for-play system that prioritizes powerful interests at the expense of the common… Continue reading →
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The Minor Questions Doctrine
Few aspects of administrative law are as controversial as the major questions doctrine—the exception to Chevron deference that bars courts… Continue reading →
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Missing Decisions
Significant numbers of federal appellate decisions are missing from Westlaw and Lexis. Bloomberg Law has similar, and similarly incomplete, coverage.… Continue reading →
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Legal Tech, Civil Procedure, and the Future of Adversarialism
“Legal tech” is transforming litigation and law practice, and its steady advance has tapped a rich vein of anxiety about… Continue reading →
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Disaggregating the Policing Function
Policing imposes serious and extensive harms, from shootings and nonlethal uses of force, to stops, searches, arrests, and incarceration. And… Continue reading →
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The Radical-Incremental Change Debate, Racial Justice, and the Political Economy of Teachers’ Choice
Radical or incremental change? In this profound moment of racial reckoning, that is the fundamental question that divides those within… Continue reading →
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Race, Reckoning, Reform, and the Limits of the Law of Democracy
It is a moment of racial reckoning. It is not the first, it will not be the last, and it… Continue reading →