On April 26, 1995, in United States v. Lopez, the Supreme Court held for the first time in
nearly sixty years that a federal law exceeded Congress's power under the Commerce …

The link between decisional efficiency and precedent formation also sheds light on a
number of broader issues in the law of precedent, including: whether to adhere to the results …

The typical subjects of administrative law scholarship, rulemaking and adjudication,
represent only a small fraction of agency activity. This distortion in emphasis is not surprising …

The bounds of federal authority over the way state courts conduct their business have
remained undefined for over 200 years. In 1791, James Madison was asked whether a …

The Provost, who ought to know about things being too hard,'is on to something. He has
recognized that not all problems are soluble, that intractable quandaries are part of the …

ABSTRACT The Supreme Court's doctrinal statements governing nonmajority opinions
demonstrate inconsistencies and confusion belied by the Justices' behaviors modeling the …

Over half a century ago, the Puerto Rico legislature legalized casino gambling in an effort to
promote tourism to the island.'To help ensure that the local population would not …

It all depends on where you start. For free speech questions arising under the First
Amendment, as for a cornucopia of other legal topics, a single set of facts or a single …

The title of this Article derives from one of the best-known articles in law and economics. In
1972, Guido Calabresi and A. Douglas Melamed published a paper entitled, Property Rules …

A specific type of case has come to dominate our constitutional jurisprudence.'Today,
virtually all of us have a connection to a government" benefit," broadly defined, as an …