The current system of administration of the Bankruptcy Code is highly anomalous. It stands as one of the few major federal civil statutory regimes administered almost exclusively through adjudication in the courts—not through a federal regulatory...
One of medicine’s open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician’s racial identity, and hospitals typically yield to patients’ racial preferences. This widely practiced, if rarely...
The U.S. Supreme Court’s Johnson v. California decision creates a new legal context for gender equal protection claims in the prison context. Johnson’s language and justifications create a space in prison jurisprudence where the deferential norms of...
The international tax system is in the midst of a contest between automatic information reporting and anonymous withholding models for ensuring that nations have the ability to tax offshore accounts. At stake is the extent of many countries’...
Bringing open data and open government under a single banner, Yu and Robinson argue, leads to conceptual muddling that ultimately impedes progress for both projects. They express a concern that superficial commitments to open data “can placate the...
The radical overhaul of legal education espoused in Professor Brian Tamanaha’s new, widely read book Failing Law Schools would represent a disastrous step backward in legal education. Tamanaha and his supporters argue that the current crisis in...