The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time...
History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...
In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past...
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
These are momentous times for the comparative analysis of judicial behaviour. Once the sole province of US political scientists, a new generation of...
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
Donald J. Trump appointed 234 federal judges in his first term. Trump, as is his wont, claims, with an inflated number, that he appointed a record...
On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...
Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties...
In recent years, the federal courts have seen a plethora of lawsuits originated by states challenging federal government actions. As a result, there...
This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...
This Essay reports data on the impact of Bruen and its predecessor, Heller, on gun rights cases. Put mildly, the impact was substantial, not only in...
The idea of institutionalism figures prominently in today’s debates about the role of federal courts in American democracy. For example, Chief Justice...
In this paper we investigate whether gender is associated with the content of judicial opinions in the U.S. courts of appeals. Using a topic model...
Donald J. Trump's presidency broke the mold in many ways, including how to think about judicial appointments. Unlike other recent presidents, Trump...
How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...
Long lines inside Bodo’s Bagels, congestion on Emmet Street and a seemingly endless stream of runners and scooters zooming past your car in early...
