Insurance Law and Regulation: Cases and Materials

The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time...

This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...

History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...

This Essay expounds on the outsized role of private law in governing ownership of new technologies and data. As scholars lament gaps between law and...

The Supreme Court has overruled Chevron v. Natural Resources Defense Council, finally interring a doctrine of statutory interpretation that it had...

Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...

State public utility commissions are at the forefront of the clean-energy transition. These state agencies, which have jurisdiction over energy...

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...

The Administrative Procedure Act’s standard-of-review provision instructs reviewing courts to “decide all relevant questions of law, interpret...

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

In 2021 the Uniform Law Commission (ULC) gave final approval to the Uniform Cohabitants' Economic Remedies Act (UCERA). The Act provides a framework...

“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...

On November 5, an anti-environmentalist faction led by and supporting Donald Trump prevailed in the national elections. The policy assaults by Trump &...

Federal administrative agencies are one of the primary policymaking venues in the United States. One of the core features of U.S. administrative...

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...