Is legal theory worth talking about? Worth studying? Does it make sense to imagine legal theory as a distinctive academic endeavor? Or does legal theory always collapse, either into a different academic discipline on the one hand, or into a variety of professional discourse on the other? We believe that… Read More »
Trade secret law is a puzzle. No one can seem to agree where trade secret law comes from or how to fit it into the broader framework of legal doctrine. Courts, lawyers, scholars, and treatise writers argue over whether trade secrets are a creature of contract, of tort, of property,… Read More »
I recently read a paper in which a prominent legal scholar argued that empirical evidence conclusively demonstrates that decisionmaking in the federal courts of appeals is highly politicized. No body of empirical evidence supports this claim.
When federal appellate judges decide a case, we focus on the relevant legal materials,… Read More »