In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more... MORE
National judicial systems within the European Union (EU) face pressures toward alignment under the policy agendas for judicial cooperation connected... MORE
It is—and has long been—well known that the Executive’s power is expanding. To date, there are two dominant analyses of the Judiciary’s role in that... MORE
Judicial reasoning and rhetoric should be mutually reinforcing, but they often end up at odds. Edwards v. Vannoy offers an unusually rich opportunity... MORE
This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes... MORE
Over the last several years, a debate has flared up over universal injunctions—court orders that purport to benefit individuals across the nation,... MORE
The present study examined whether a defense rebuttal expert can effectively educate jurors on the risk that the prosecution's fingerprint expert... MORE
Modern courts and commentators have had trouble distinguishing the kinds of decisions that require “judicial” power from the adjudicative tasks that... MORE
Law search is fundamental to legal reasoning and its articulation is an important challenge and open problem in the ongoing efforts to investigate... MORE
Contemporary choice of law suffers from indeterminacy at every level: in theory and in practice, in variation between states, and in divergent rules... MORE
Because judges are expected to decide cases through the impartial application of existing law, they are often reluctant to admit that they must make... MORE
This article provides an account of precedent that does not call upon it to do the one thing that everyone expects: constrain judicial decision-... MORE
We introduce the first ideology measure covering every non-Supreme-Court Article III judge on a single scale. The dataset comprises dynamic, interval... MORE
The conventional view of Rule 48(a) dismissals distinguishes between two types of motions to dismiss: (1) those where dismissal would benefit the... MORE
Ever since the late 1960s, many lower federal courts have interpreted the Federal Rules of Civil Procedure to give outsiders broad rights to become... MORE