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...
The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
The idea of institutionalism figures prominently in today’s debates about the role of federal courts in American democracy. For example, Chief Justice...
History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...
A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...
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...
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...
Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
Although ethical critiques of markets are longstanding, modern academic debates about the “moral limits of markets” (MLM) tend to be fairly limited in...
Many analyses of law take an unsentimental, perhaps even cynical view of regulated actors. On this view, law is a necessity borne of people’s selfish...
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...
Contract terms that improve or reduce the likelihood of repayment of a debt should impact its price. That’s basic economics. But what about a contract...
King John and the barons negotiated the Magna Carta in 1215. Three thousand years earlier, Hammurabi enacted his famous code. Law is an ancient...
How should judges decide hard cases involving rights conflicts? Standard debates about this question are usually framed in jurisprudential terms...