Just Cause, Not Just Because: a Pro-Worker Reform for the Employment Landscape
The at-will doctrine permits employers to terminate employees at any time for any reason—or no reason at all—so long as… Continue reading →
2022
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The Road to Transportation Justice: Reframing Auto Safety in the SUV Age
For the past fifty years, a singular focus on consumer protection has persistently prevented auto-safety regulators from addressing serious external… Continue reading →
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Plainly Incompetent: How Qualified Immunity Became an Exculpatory Doctrine of Police Excessive Force
Recent instances of law enforcement killing community members and ensuing social movements have increased public attention on the issue of… Continue reading →
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Interest-Based Incorporation: Statutory Realism Exploring Federalism, Delegation, and Democratic Design
Statutory interpretation is a unique legal field that appreciates fiction as much as fact. For years, judges and scholars have… Continue reading →
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Tax Law as Foreign Policy
The use of economic statecraft is at a high-water mark. The United States uses sanctions, tariffs, and import and export… Continue reading →
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Missing Decisions and the United States Court of Appeals for the Federal Circuit
Merritt McAlister’s Missing Decisions is an important contribution to our understanding of civil procedure, judicial decisionmaking, and the law itself. McAlister’s study… Continue reading →
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Mass Exploitation
Modern mass tort defendants—including Johnson & Johnson, Purdue Pharma, USA Gymnastics, and Boy Scouts of America—have developed unprecedented techniques for… Continue reading →
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Who Can Protect Black Protest?
Police violence both as the cause of and response to the racial justice protests following George Floyd’s murder called fresh… Continue reading →