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An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
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A federal grand jury in Florida indicted former President Donald Trump on June 8, 2023, on multiple criminal charges related to classified documents...
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In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more common...
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This chapter examines the intellectual and social contexts in which the American Law Institute (ALI) has operated and how they have influenced the...
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This chapter looks to the role of the market as a mediating institution in the culture wars that so polarize American society. Rather than seeing...
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offers a preliminary legal history of the white supremacist and anti-Semitic violence that took place in my hometown of Charlottesville, Virginia on...
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Sandy Levinson has always taken secession arguments seriously. This is, in my eyes, one of his great virtues. There are very few scholars who would be...
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Aurelie Ouss
Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can create...
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It was 1804, and Thomas Ruffin, future Chief Justice of the North Carolina Supreme Court, was having doubts about slavery. Ruffin was a young student...
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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...
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Legal ethicists, advocacy groups, and politicians have called for greater restrictions on the use of nondisclosure agreements (NDAs) when parties...
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This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...
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Robert Cooter
This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in...
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Analysis based on Hohfeld’s analytical system shows that liability rules, as defined by Guido Calabresi and A. Douglas Melamed, are a false category...
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Wesley Newcomb Hohfeld is well-known for maintaining that various terms in law – “rights,” most prominently – confusingly designate a number of quite...
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Co authoring saved me. Literally. But for the fact that my senior colleagues at UCLA did not care whether I ever wrote anything sole authored, I don't...
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In the period immediately preceding the Constitution’s adoption, New Yorkers engaged in a spirited debate over whether a proposed delegation from the...
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