The Road to Transportation Justice: Reframing Auto Safety in the SUV Age
For the past fifty years, a singular focus on consumer protection has persistently prevented auto-safety regulators from addressing serious external… Continue reading →
Volume 170(2021-2022)
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Plainly Incompetent: How Qualified Immunity Became an Exculpatory Doctrine of Police Excessive Force
Recent instances of law enforcement killing community members and ensuing social movements have increased public attention on the issue of… Continue reading →
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Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, and Democratic Design
Statutory interpretation is a unique legal field that appreciates fiction as much as fact. For years, judges and scholars have… Continue reading →
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Tax Law as Foreign Policy
The use of economic statecraft is at a high-water mark. The United States uses sanctions, tariffs, and import and export… Continue reading →
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Missing Decisions and the United States Court of Appeals for the Federal Circuit
Merritt McAlister’s Missing Decisions is an important contribution to our understanding of civil procedure, judicial decisionmaking, and the law itself. McAlister’s study… Continue reading →
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Private Merger Challenges Under Section 16 of the Clayton Act: Caution Post-JELD-WEN
Private merger enforcement is a thorny corner of antitrust law. Private merger challenges pose considerable potential financial downside for industry because… Continue reading →
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Centering Whiteness and Entrenching the Myth of Race-Neutral Alternatives to Affirmative Action
In August 1935, Lloyd Gaines, a recent Black graduate from Lincoln University—then a Black-only college operated by the University of Missouri—submitted… Continue reading →
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The Perils of Land Use Deregulation
Land use regulation and zoning have long been core functions of local governments. Critics of local land use practices, however,… Continue reading →
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The Case for Resurrecting the FTC Act’s Penalty Offense Authority
On April 22, 2021, the Supreme Court unanimously ruled that the Federal Trade Commission cannot continue to seek monetary relief from wrongdoers… Continue reading →
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Cleaning Corporate Governance
Although empirical scholarship dominates the field of law and finance, much of it shares a common vulnerability: an abiding faith in the… Continue reading →