This Article tells the story of three wholly unpredicted but enormously important late twentieth-century developments in tort liability and insurance...
Virtue jurisprudence is an approach to normative legal theory that answers normative questions about law from a perspective that is centred on the...
Reconstructing Parentage is a comprehensive investigation into what makes someone a parent. Drawing on liberal-egalitarian philosophy, the book argues...
Until he joined the U.S. government in 1934, Robert H. Jackson had been a lawyer in private practice in Upstate New York who was admitted to the bar...
Although research suggests that countries' colonial experiences are associated with a range of contemporary outcomes, the link between colonial...
The first principle of insurance reflects the fundamental lesson of the tragic California fires: you can’t get something for nothing. If expected...
Curtis Bradley’s new book on Historical Gloss and Foreign Affairs is the definitive account of a mode of constitutional interpretation that has proven...
In theoretical linguistics the word “pragmatics” refers to the roles of context and communicative intentions in the production of meaning. Those roles...
We introduce altruism into standard models of bargaining and explore its implications for the Coase Theorem. A strict interpretation of the Coase...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
It is hard to imagine an area of constitutional law that has changed more in Judge Wilkinson's time on the bench than the First Amendment. When Judge...
A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...
Before he became editor of the Norfolk Virginian-Pilot, and before he served as Deputy Assistant Attorney General of the United States, and before he...
Our perceptions of what we owe each other turn somewhat on whether we consider “another” to be “an other”—a stranger and not a friend. In this essay...
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
The glaring gap in tort theory is its failure to take adequate account of liability insurance. Much of tort theory fails to recognize the active and...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make...
