The Democratic (Il)legitimacy of Assembly-Line Litigation
Introduction Millions of debt cases are filed in the civil courts every year. In debt actions, asymmetrical representation is the norm, with the plaintiff...
Responses
Decreasing Supply to the Assembly Line of Debt Collection Litigation
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...
Of Autonomy, Sacred Rights, and Personal Marks
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:...
The Coherence of Prison Law
Introduction In their welcome new article, Justin Driver and Emma Kaufman offer a provocative take on American prison law: that it is “fundamentally incoherent.”...
Separation-of-Powers Suits in the Post-Trump Era
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...
Power and Powerlessness in Local Government: A Response to Professor Swan
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...
Keeping Our Distinctions Straight: A Response to Originalism: Standard and Procedure
Response to Originalism: Standard and Procedure
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...
On Inkblots and Truffles
Response to Originalism: Standard and Procedure
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...
From Presidential Administration to Bureaucratic Dictatorship
Response to Structural Deregulation
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...
Presidential Primacy Amidst Democratic Decline
Response to Regime Change
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...