Vol. 131 No. 5 This Article reports the results of a survey of a diverse group of forty-two federal appellate judges concerning their approaches to statutory interpretation. The...
Vol. 131 No. 4 In the last five years, the United States Supreme Court has decided three cases involving agency fees — the mandatory payments that certain employees...
Vol. 131 No. 4 A merican trademark law has long operated on the assumption that there exists an inexhaustible supply of unclaimed trademarks that are at least as...
Vol. 131 No. 3 Scholars of administrative law focus overwhelmingly on lawsuits to review federal government action while assuming that, if plaintiffs win such lawsuits, the government will...
Vol. 131 No. 2 Scholarly preoccupation with presidential power has left another story of executive power largely untold: the rise of American governors. Once virtually powerless figureheads, governors...
Vol. 131 No. 2 In several recent high-profile cases, federal district judges have issued injunctions that apply across the nation, controlling the defendants’ behavior with respect to nonparties....
Vol. 130 No. 8 This Article examines the unrecognized origins and scope of the judicial presumption of police expertise: the notion that trained, experienced officers develop insight into...
Vol. 130 No. 7 Harmless error review is profoundly important, but arguably broken, in the form that courts currently employ it in criminal cases. One significant reason for...
Vol. 130 No. 6 A string of deadly police-citizen encounters, made public on an unprecedented scale, has thrust American policing into the crucible of political conflict. New social...
Vol. 130 No. 5 Market power is the most important determinant of liability in competition law cases throughout the world. Yet fundamental questions on the relevance of market...