Discriminatory Taint
Vol. 135 No. 5
The truism that history matters can hide complexities. Consider the idea of problematic policy lineages. When may we call a policy the progeny of...
Legal Theory
On Tort Law’s Dualisms
Vol. 135 No. 4
We read with interest Professors John Goldberg and Benjamin Zipursky’s new book, Recognizing Wrongs; Professor Catherine Sharkey’s Book Review; and Goldberg and Zipursky's Response....
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...
Price and Sovereignty
Vol. 135 No. 2
[W]e must not overlook the actual fact that dominion over things is also imperium over our fellow human beings. — Professor Morris R. Cohen,...
Thoroughly Modern Tort Theory
Response to Modern Tort Law: Preventing Harms, Not Recognizing Wrongs
Vol. 134 No. 4
Funny what passes for “modern.” It was around 1967 that the phrase “cheapest cost avoider” first appeared in the work of then-Professor Guido Calabresi....
Legal Internalism In Modern Histories of Copyright
Vol. 134 No. 3
Legal internalism refers to the internal point of view that professional participants in a legal practice develop toward it. It represents a behavioral phenomenon...
Judicial Takings, Judicial Federalism, and Jurisprudence: An Erie Problem
Vol. 134 No. 2
The Takings Clause protects against governmental takings of property without just compensation. Traditionally, takings claims have not expanded beyond actions performed by the political...
The Intellectual History of Unjust Enrichment
Chapter One
Vol. 133 No. 6
Introduction
Vol. 133 No. 6
In American law schools, first-year students learn about the basic obligations of private law through two required classes: contracts and torts. For the most...
Their Law
Many gender-neutral restrooms and locker rooms are behind locked doors. Not in the same sense that all bathroom doors are locked; rather, these spaces...