Abstract As with so much else in American life, the COVID-19 crisis delivered a gut punch to our justice system. And the worst is yet to come, as federal and state courts alike are soon to fill with cases reflecting the failing finances and fraying...
Abstract The resignations of United States Attorneys Geoffrey Berman and Jessie Liu from their respective positions in the Southern District of New York and the District of Columbia, and Attorney General William Barr’s and President Donald Trump’s...
Attribution of cyberattacks requires identifying those responsible for bad acts, prominently including states. To guard against baseless or false attributions, this Article argues that states should establish an international law requirement that...
We measure the evolution of the common law using a comprehensive data set of cases regarding the enforceability of online consumer contracts. We find a steady decline in the number of cases adjudicated in state courts relative to federal courts, and...
This Article provides the first in-depth scholarly examination of the process by which enacted laws are organized and presented for public consumption, known as codification, a process that has mostly escaped the notice of judges and scholars of...
Abstract In the last decade, the Supreme Court has heard a number of high-profile cases holding potential for major progressive reform which hinge crucially on the Justices accepting, or at least not rejecting, the findings of social science experts...