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Revolution in Progress: Third-Party Funding of American Litigation

There is a growing phenomenon of for-profit investment in U.S. litigation. In a modern twist on the contingency fee, third-party lenders finance all or part of a plaintiff’s legal fees in exchange for a share of any judgment or settlement in the...

The Welfarist Approach to Human Rights Treaties: A Critique

This Essay provides analysis and some criticism of the argument that international human rights treaties should focus more on development and welfare and less on basic negative rights. It argues that “welfarist” treaties that completely ignore human...

Property and Transitional Justice

Transitional justice is the study of the mechanisms employed by communities, states, and the international community to promote social reconstruction by addressing the legacy of systematic human rights abuses and authoritarianism. The transitional...

The Death of Twentieth-Century Authority

The case of Bush v. Gore stands out as the seminal decision that decided the disputed presidential election of 2000. For legal researchers, it was a herald of a different sort. With the citation in the per curiam opinion to an online newspaper...