Making Government Pay: Markets, Politics, and the Allocation of Constitutional Costs

For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

Today, legal culture is shaped by One Big Question: should courts, particularly the US Supreme Court, have a lot of power? This question is affecting...

On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...

On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade.  In the...

There is concern that present-biased agents incur too much debt because of its deferred costs – concern that has influenced regulation of consumer...

Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...

False information causes harm, threatening individuals, groups, and society. Many people struggle to judge the veracity of the information around them...

Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...

This chapter studies political corruption and its many relationships to the law of democracy. It begins with bribery laws, which forbid officials from...

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

This article examines the impact of Greece retroactively, via legislation, changing the terms in hundreds of billions of euros worth of Greek...

Income inequality is a national preoccupation, and the public’s imagination is captured by the astronomical incomes of Valley tech billionaires and...

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

The United States has granted reparations for a variety of historical injustices, from imprisonment of Japanese Americans during the Second World War...

We examine the legal terms in the market for green bonds, debt instruments in which proceeds are earmarked, directly or indirectly, for projects with...