The Law of Geographic Labor Market Inequality
How the law contributes to economic inequality is the subject of renewed attention, but the legal dimensions of geographic inequality… Continue reading →
Volume 172 (2023-2024)
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T.L.O. Goes Home
The Supreme Court has not addressed the relationship between searches by school administrators and a student’s Fourth Amendment rights in… Continue reading →
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Private Equity, Conflicts, and Chapter 11
Private equity has become a dominant force in distressed investing and Chapter 11 corporate reorganization. As a result, three new… Continue reading →
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Arbitration’s Unraveling
It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that… Continue reading →
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The Failed Promise of Installment Fines
In the 1970s, the Supreme Court prohibited the then-common practice of incarcerating criminal defendants because they lacked the money to… Continue reading →
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Outcome Reasons and Process Reasons in Normative Constitutional Theory
Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make some arguments that… Continue reading →
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Don’t Just Do Something, Stand There
Data breaches of companies that expose consumer information are a pervasive and growing issue. The United States Courts of Appeals… Continue reading →
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Combatting Corporate Tokenism
In the wake of several social justice movements, including the #MeToo movement in 2017 and the Black Lives Matter Movement… Continue reading →
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Central Bank Digital Currency as New Public Money
Most people use money—the cash in their wallets or deposits in a bank account—more or less every day. But there… Continue reading →
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Private Enforcement in the States
Scholarship on U.S. litigation and civil procedure has scarcely studied the role of private enforcement in the states. Over the… Continue reading →