Recognizing Race

By: Justin Driver


Judges habitually decide whether to identify individuals racially within the context of judicial opinions. Yet this practice, which this Essay labels “recognizing race,” has thus far gone virtually unexplored by legal scholars. The dearth of scholarly attention to ...READ MORE

Transaction Consistency and the New Finance in Bankruptcy

By: David A. Skeel, Jr. & Thomas H. Jackson


Neither scholars nor the derivatives industry have fully explored the question of how the treatment of derivatives and repos in bankruptcy would change if their exemption from a number of bankruptcy’s core ...READ MORE

Managing Moral Risk: The Case of Contract


Rethinking the Laws of Good Faith Purchase

Fair Trespass


Profiling Originalism


Stimulus and Civil Rights


Power Rules

  By: Samuel L. Bray


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Litigation Governance: Taking Accountability Seriously


By: John C. Coffee, Jr.


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Clear Statement Rules and the Constitution

  By: John F. Manning


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The Disposing Power of the Legislature

  By: Thomas W. Merrill


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Ordinary Administrative Law as Constitutional Common Law

  By: Gillian E. Metzger


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