False Analogies to Predatory Pricing
“We are living in the age of the false, and often shameless, analogy . . . . [Analogies’] weakness is that they rely on the dubious principle that, as one logic textbook puts it, ‘because two things...
View ArticleConflicts of Law and the Abortion War Between the States
On the subject of abortion, the so-called “United” States of America are becoming more disunited than ever. The U.S. Supreme Court’s precipitous decision in Dobbs v. Jackson Women’s Health...
View ArticleThe Exception Is the Rule
The 1988 Supreme Court decision Department of Navy v. Egan created a bar on judicial review of security-clearance determinations. Today, this comes up most often in the context of employment...
View ArticleCohesive Class Actions
The Rule 23(b)(2) class action has taken many forms since it was added to the Federal Rules in 1966. At first, the provision was used largely to enforce the antidiscrimination objectives of the Civil...
View ArticleSystemic Failure to Appear in Court
This Article aims to reorient the conversation around “failure-to-appear” (FTA) in criminal court. Recent policy and scholarship have addressed FTA mostly as a problem of criminal defendants in...
View ArticlePrivate Enforcement in the States
Scholarship on U.S. litigation and civil procedure has scarcely studied the role of private enforcement in the states. Over the past two decades, scholars have established that, almost uniquely in the...
View ArticleCentral Bank Digital Currency as New Public Money
Most people use money—the cash in their wallets or deposits in a bank account—more or less every day. But there is little widespread understanding of what rights attach to money. An apocryphal story...
View ArticleCombatting Corporate Tokenism
In the wake of several social justice movements, including the #MeToo movement in 2017 and the Black Lives Matter Movement in 2020, corporations increasingly emphasized their commitments to diversity,...
View ArticleDon’t Just Do Something, Stand There
Data breaches of companies that expose consumer information are a pervasive and growing issue. The United States Courts of Appeals are divided over whether consumers have Article III Standing to sue...
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Vol. 172 Symposium: The Statutory Foreign Affairs Presidency
Despite the perennial debates about the scope of the President’s constitutional authority, we have today a largely statutory president, even in foreign affairs. Most important actions that presidents...
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