The New Doctrinalism: Implications for Evidence Theory
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three… Continue reading →
2015
-
-
Realism and Revolution in Conflict of Laws: In With a Bang and Out With a Whimper
Conflict of laws scholarship in the United States in the middle half of the twentieth century produced what is commonly… Continue reading →
-
Corporate Law Doctrine and the Legacy of American Legal Realism
In this contribution to a symposium on “Legal Realism and Legal Doctrine,” I examine the role that jurisprudence plays in… Continue reading →
-
Special Domestic Violence Criminal Jurisdiction for Indian Tribes: Inherent Tribal Sovereignty versus Defendants' Complete Constitutional Rights
Special domestic violence criminal jurisdiction for Indian tribes took effect nationally on March 7, 2015, and it was a historic… Continue reading →
-
Time to Drop the Infield Fly Rule and End a Common Law Anomaly
I begin with a hypothetical. It’s the seventh game of the World Series at Wrigley Field, Mariners vs. Cubs. The… Continue reading →
-
A National Study of Access to Counsel in Immigration Court
Although immigrants have a right to be represented by counsel in immigration court, it has long been the case that… Continue reading →
-
Toward a Pigouvian State
Most economists believe that the government should impose Pigouvian taxes on firms that produce negative externalities like pollution, yet regulatory… Continue reading →
-
Antitrust in Zero-Price Markets: Foundations
“Zero‐price markets,” wherein firms set the price of their goods or services at $0, have exploded in quantity and variety.… Continue reading →
-
The Limitations of Tradition: How Modern Choice of Law Doctrine Can Help Courts Resolve Conflicts within the New York Convention and the Federal Arbitration Act
The difficulties faced by parties trying to enforce rights secured through international arbitration stem from the fact that countries have… Continue reading →
-
The Future of Government-Mandated Health Warnings After R.J. Reynolds and American Meat Institute
Government‐mandated disclosures and warnings aimed at promoting public health are ubiquitous. Alcoholic beverage labels bear government warnings against alcohol consumption… Continue reading →