abstract. A fatal conflict in the legal definition of family lurks at the intersection of family law and zoning law. Family law doctrines have increasingly embraced the claims of “functional families” ...
abstract. In recent articles, a number of scholars have cast doubt on the originalist enterprise of reviving the nondelegation doctrine. In the most provocative of these, Julian Mortenson and Nicholas ...
Had the critical legal studies movement never existed, it would have to be invented today. That movement framed law as a forceful instrument of domination but one compatible with both functional and ...
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. Antibodies constitute a staggering $145 billion annual market—an amount projected to almost double by 2026. Consequently, patents covering antibodies are among the most valuable in the ...
abstract. We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought.
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 ...
abstract. Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many ...
abstract. This Feature deepens and seeks to provide a foundation for the current broadening in the anti-trust debate and, ultimately, in adjacent areas relating to market organization. As normative ...
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 ...