This Essay disputes the myth that employment, unlike independent contracting, is inherently inflexible. It traces the roots of this widely shared belief to corporate propaganda and rejects ...

Constitutional torts allow victims of governmental misconduct to seek redress. But the doctrinal regime is in disarray ...

The Supreme Court’s new standing cases have further narrowed the class of claims justiciable in federal court. Some state ...

scaffolding of the New York child-welfare system itself must be revamped to rigorously—and affirmatively—combat the harms wreaked by the immigration system on ...

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

abstract. Universal vacatur, the judicial power to void a regulation, is a remedy rooted in the foundations of modern administrative law, not an artifact of judicial overreach or creative ...

abstract. 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 central role that liability insurance ...

Three cases, Johnson v. M’Intosh, 1 decided in 1823; Cherokee Nation v. Georgia, 2 decided in 1831; and Worcester v. Georgia, 3 decided in 1832, all authored by Chief Justice Marshall and collectively ...

abstract. This Feature provides the first full-length treatment of practice-based constitutional theories, which include some of the most important theories advanced in modern scholarship.

When Congress creates a statutory cause of action, some required elements of that cause of action may be considered “jurisdictional,” while others may not. The difference between jurisdictional and ...

abstract. This Article argues that the rise of the modern state was a necessary condition for the rise of the business corporation. A typical business corporation pools together a large number of ...