Probabilistic Causation and Compensation for Tortious Risk Critical Issues in Tort Law Reform: A Search for Principles

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

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...

Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...

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

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

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

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

It has long been said that the common law "works itself pure" But in the law of torts, not always. This Article reveals and analyzes the...

We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed...

The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen...

On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments...

In their intriguing article “Bioethics and the Moral Authority of Experience,” Nelson and colleagues (2023) provide important insight into an...

Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...

An important administrative law doctrine developed by the lower federal courts, called remand without vacatur, rests on a mistaken premise. Courts...

This Essay was prepared for a Symposium at the Yale Law School, celebrating the one-hundredth anniversary of The Nature of the Judicial Process, the...