Introduction Millions of debt cases are filed in the civil courts every year. In debt actions, asymmetrical representation is the norm, with the plaintiff...
Introduction Professor Daniel Wilf-Townsend’s Assembly-Line Plaintiffs shines an empirical light on state courts and quantifies a world where “debt cases comprise[] the preponderant majority...
Response to Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption
Introduction At the height of the Indian freedom movement, Mahatma Gandhi was contacted by a manufacturer of clay tiles with a rather unusual request:...
Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”...
Introduction Professor Payvand Ahdout’s article, Enforcement Lawmaking and Judicial Review, makes a powerful case that, contrary to the views of many scholars, federal courts...
Response to Constitutional Off-Loading at the City Limits
Vol. 135 No. 3 Are rural communities powerful or powerless? This question arises regularly in today’s national public and scholarly discourses. The collective interest in the issue of...
Vol. 135 No. 3 Introduction Let’s start at the end, the very end. “If ‘[l]aw and philosophy are both in the distinction business,’” Stephen Sachs’s Originalism: Standard and...
Vol. 135 No. 3 In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more...
Vol. 135 No. 2 I. Introduction Twenty years ago, Justice Elena Kagan published Presidential Administration in the Harvard Law Review. Seventy-five years ago, President Harry Truman signed the...
Vol. 135 No. 1 Especially I want to show that it could be different, that it was different, and that there are alternatives. — Natalie Zemon Davis Fifty...