Doctrinal Categories, Legal Realism, and the Rule of Law
The claim in vogue is that Legal Realism stands for “the insignificance of doctrine” and its conceptualization as a “mere… Continue reading →
2015
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Equity's Unstated Domain: The Role of Equity in Shaping Copyright Law
As used today, the term “equity” connotes a variety of related, but nonetheless distinct, ideas. In most contexts, equity refers… Continue reading →
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Regulating Against Bubbles: How Mortgage Regulation Can Keep Main Street and Wall Street Safe—from Themselves
As the Great Recession has painfully demonstrated, housing bubbles pose an enormous threat to economic stability. However, the principal mortgage… Continue reading →
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A Dose of Reality for Specialized Courts: Lessons from the VICP
The latest in a long line of reform proposals, health courts have been called “the best option for fixing our… Continue reading →
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Judicial Priorities
In an unprecedented move, the Illinois Supreme Court in the mid-1990s imposed hard caps on the state’s appeals courts, drastically… Continue reading →
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Dangerous Liaisons: Criminalization of “Relationship Hires” under the Foreign Corrupt Practices Act
On August 17, 2013, the New York Times published a front page story on JPMorgan Chase & Co. that cast… Continue reading →
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Getting Their Due (Process): Parents and Lawyers in Special Education Due Process Hearings in Pennsylvania
The Individuals with Disabilities Education Act (IDEA) requires school districts to provide a free appropriate public education to all students,… Continue reading →
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Structure and Value in the Common Law
Common law concepts have fallen into disrepute among legal theorists. The rise of Legal Realism in the early twentieth century… Continue reading →
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Helping Buyers Beware: The Need for Supervision of Big Retail
Since the 2008 financial crisis, consumer regulators have closely supervised sellers of credit cards and home mortgages to stamp out… Continue reading →
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Presidential Settlements
Large groups regularly turn to the White House to resolve complex disputes collectively, much like a class action. These presidential… Continue reading →