Introduction
Over the past twenty years, specialized trial courts with dockets comprised primarily or exclusively of business cases—commonly known as business courts—have been established in nineteen states across the United States. In these courts, cases are not subject to the master calendar system. Rather, a single judge will hear any qualifying… Read More »
Introduction
The economic loss rule (ELR) precludes bringing a tort action for economic loss, such as lost profits, when the parties’ expectations are governed by a contract. The thesis of this Note is that building damage caused by defective construction materials should not be considered economic loss under the ELR… Read More »
Administrative agencies, the fourth branch of government, famously blend the functions of the other three. Agencies write rules, adjudicate their meaning, and penalize violations. Several recent high-profile agency penalties have attracted attention to this understudied area of administrative law. In 2010 alone, the National Highway Traffic Safety Administration imposed a… Read More »
Extensive scholarship has explored the significance of the Americans with Disabilities Act (ADA) in creating social change. These examinations have largely focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of the statute has stymied potential transformation of American society. Yet, despite… Read More »
I.
Determining the First Amendment rights of public employees represents one facet of a larger jurisprudential difficulty created by the application of a sovereign-oriented Constitution to government instrumentalities that regularly operate through nonsovereign means. The familiar yet vexing question is how the customary panoply of speech protections should be adapted… Read More »
What will Citizens United v. Federal Election Commission mean for labor unions? There are at least two ways to answer that question: first, in terms of its effect on election spending by labor unions; and second, in terms of its precedential value in future cases regarding the scope of labor… Read More »
Judicial review skeptics often emphasize “political safeguards” that are supposed to reduce or eliminate the need for judicial review. Responding to these claims,… Read More »
One of the most important relationships in constitutional law is that between two concepts at the heart of the American legal system: property and speech. Yet despite increased scholarly attention, the relationship remains largely mysterious. Does property simply enable speech acts, or can it have its own expressive content? And… Read More »
Limited liability is the essential attribute of the corporate form. Although abolishing limited liability is politically infeasible, the rule is troubling as to tort creditors. Unlike contract creditors, they are not factors of production in the “nexus of contracts.” Tort law is the wrench in the smooth machinery of the… Read More »
Americans remain deeply divided over the question whether we have yet achieved a “post-racial” society in which race no longer matters in significant ways. How, if at all, this debate is resolved carries enormous implications for antidiscrimination law.
As just one example, characterizing contemporary America as successfully post-racial undermines the… Read More »