Private law scholarship is experiencing a reawakening in the United States with the rise of
the New Private Law. New Private Lawyers have emphasized our common commitment to …

Each year when I interview prospective law clerks, I ask this question:" If you could only
retain either the even or the odd amendments, which would you keep?" The answers have …

Recently, scholars have uncovered many ways in which our traditional understandings of
the US Constitution have failed to grapple with American empire and colonialism. This work …

How states develop the capacity to tax is a question of fundamental importance to political
science, legal theory, economics, sociology, and history. Increasingly, scholars believe that …

Democracy is widely thought to be imperiled in many developed countries, not least the
United States. 1 In the face of this threat, legal scholars have endeavored to defend the …

Courts are increasingly invoking copyright law's" scenes a faire" doctrine, which precludes
infringement liability for copying typical or standard elements in a copyrighted work. But …

Both the practice and the study of civil justice are rife with accusations of litigation" abuse."
Most recently, there have been widespread calls to sanction the lawyers who filed lawsuits …

This Article explains how speech became the constitutional vehicle for the right to
discriminate on religious grounds in places of public accommodation. It argues that cause …

History is a significant component of federal Indian law. This moment in our Nation's legal
history demands close attention to how the US Supreme Court addresses its federal Indian …

Over a ten-year period, a young CEO raised $700 million from investors1 and managed a
healthcare company that, at its height, was worth over $9 billion. 2 Investors provided little …