Soul of A Woman: The Sex Stereotyping Prohibition at Work
In 1989, the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited form of sex… Continue reading →
2013
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Up for Grabs: A Workable System for the Unilateral Acquisition of Chattels
This paper is about the everyday occurrence of coming across an object in the world and evaluating whether or not… Continue reading →
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Delay in Considering the Constitutionality of Inordinate Delay: The Death Row Phenomenon and the Eighth Amendment
The Supreme Court has repeatedly declined to address the validity of the unconstitutional delay claim raised by Valle and other… Continue reading →
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Fracking and Federalism Choice
To date, fracking discourse has focused on whether environmental protections under existing laws ought to be strengthened and whether the… Continue reading →
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(The History of) Criminal Justice as a Morality Play
While Professor O’Hear believes Professor Bibas’s “morality play” concept has some resonance, he argues that Professor Bibas’s historical narrative glosses… Continue reading →
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Escaping Battered Credit: A Proposal for Repairing Credit Reports Damaged by Domestic Violence
Debt and domestic violence are connected in ways not previously imagined. A new type of debt—which I have labeled “coerced… Continue reading →
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Federalism, Regulatory Lags, and the Political Economy of Energy Production
The production of natural gas from formerly inaccessible shale formations through the use of hydraulic fracturing has expanded domestic energy… Continue reading →
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State Law, the Westfall Act, and the Nature of the Bivens Question
In the past few years, four courts of appeals have applied a presumption against recognition of a Bivens cause of… Continue reading →
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Rethinking the Cooperation Clause in Standard Liability Insurance Contracts
Liability insurance literature has identified three central duties owed by the insurer to the policyholder that grow from the standard… Continue reading →
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Preserving Judicial Supremacy Come Heller High Water
Minimalism does not only facilitate doctrinal innovation in a given area of the law. On my account, the Court sometimes… Continue reading →