Discrimination
Discriminatory Taint
The truism that history matters can hide complexities. Consider the idea of problematic policy lineages. When may we call a policy the progeny of an earlier, discriminatory policy, especially if…
Legal Theory
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Tort Law
On Tort Law’s Dualisms
We read with interest Professors John Goldberg and Benjamin Zipursky’s new book, Recognizing Wrongs; Professor Catherine Sharkey’s Book Review;Catherine M. Sharkey,…
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Constitutional Law
Keeping Our Distinctions Straight: A Response to Originalism: Standard and Procedure
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 Procedure concludes, “we ought to keep…
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Constitutional Law
Price and Sovereignty
[W]e must not overlook the actual fact that dominion over things is also imperium over our fellow human beings. — Professor Morris R. Cohen, Property and SovereigntyMorris R. Cohen, Property…
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Torts
Thoroughly Modern Tort Theory
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Copyright
Legal Internalism In Modern Histories of Copyright
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Constitutional Law
Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem
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Unjust Enrichment
The Intellectual History of Unjust Enrichment
Chapter One
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Unjust Enrichment
Introduction
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Private Law
Pseudo-Contract and Shared Meaning Analysis