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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...
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....
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...
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,...
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....
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...
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...
Vol. 133 No. 6
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...
June 26, 2019
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...