Legal Realism and Legal Doctrine
The American Legal Realists did not reject doctrine, because they did not reject the idea that judges decide cases in… Continue reading →
2015
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Family Law's Doctrines
The father of the American law school, Christopher Columbus Langdell, famously conceptualized the law as akin to science. On this… 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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Presidential Settlements
Large groups regularly turn to the White House to resolve complex disputes collectively, much like a class action. These presidential… Continue reading →
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Modernizing Class Action Cy Pres Through Democratic Inputs: A Return to Cy Pres Comme Possible
Forty-five years ago, the ancient doctrine of “cy pres” was lifted from the pages of trust law and applied, for… Continue reading →
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Prohibiting Sexual Orientation Discrimination in Public Accommodations: A Common Law Approach
Although forty-five states have enacted statutes prohibiting discrimination in so-called “public accommodations”—broadly defined as those businesses offering “lodging, food, entertainment,… Continue reading →