Four Conceptions of Insurance
This Article identifies four conceptions of insurance that have operated in the debates about insurance law in recent decades, analyzes… Continue reading →
This Article identifies four conceptions of insurance that have operated in the debates about insurance law in recent decades, analyzes… Continue reading →
The idea of using law to change the built environment in ways that reduce opportunities to commit crimes has a… Continue reading →
In 1989, the Supreme Court in Price Waterhouse v. Hopkins declared that sex stereotyping was a prohibited form of sex… Continue reading →
To date, fracking discourse has focused on whether environmental protections under existing laws ought to be strengthened and whether the… Continue reading →
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 →
Debt and domestic violence are connected in ways not previously imagined. A new type of debt—which I have labeled “coerced… Continue reading →
The production of natural gas from formerly inaccessible shale formations through the use of hydraulic fracturing has expanded domestic energy… Continue reading →
In the past few years, four courts of appeals have applied a presumption against recognition of a Bivens cause of… Continue reading →
Liability insurance literature has identified three central duties owed by the insurer to the policyholder that grow from the standard… Continue reading →
Minimalism does not only facilitate doctrinal innovation in a given area of the law. On my account, the Court sometimes… Continue reading →