Legislating in the Shadows
Federal agencies are deeply involved in both the foreground and shadows of legislative drafting. In the foreground, agencies draft the… Continue reading →
2017
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Particularity Discovery in Qui Tam Actions: A Middle Ground Approach to Pleading Fraud in the Health Care Sector
Health care fraud in the United States is policed in a unique enforcement landscape. The False Claims Act, one major… Continue reading →
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Brewing Better Law: Two Proposals to Encourage Innovation in America’s Craft Beer Industry
The craft beer industry is one of the most innovative industries in America. Craft brewers blend tradition, regional tastes, and… Continue reading →
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Why Intra-Brand Dealer Competition Is Irrelevant to the Price Effects of Tesla’s Vertical Integration
In recent years, Tesla Motors has been engaged in a state‐by‐state ground war for the right to distribute its all‐electric… Continue reading →
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Measuring Scholarly Impact: A Guide for Law School Administrators and Legal Scholars
Texas A&M, the public university for which I work, assesses its colleges and departments based partly on scholarly impact and… Continue reading →
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Alternative Facts and the Post-Truth Society: Meeting the Challenge
During times of universal deceit, telling the truth becomes a revolutionary act. – George Orwell, 1984 Continue reading →
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Naming Online Law Review Supplements (Or Whatever They Are Called)
Over the past decade or so, there has been a proliferation of online‐only law review–law journal supplements (or “companions”). This… Continue reading →
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Legislative Control Over Redistricting as Conflicts of Interest: Addressing the Problem of Partisan Gerrymandering Using State Conflicts of Interest Law
Winner of the University of Pennsylvania Law Review’s Second Annual Public Interest Essay Competition: Partisan gerrymandering decreases the electoral accountability… Continue reading →
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Jurisdiction and Judicial Self‐Defense
Although State of Washington v. Trump has generated enormous attention, the Ninth Circuit, the parties, and legal commentators have largely… Continue reading →
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How the U.S. Sentencing Commission Considers Retroactivity
In a recent Essay, Professor Litman and Mr. Beasley provide a detailed discussion of how they believe the U.S. Sentencing… Continue reading →