Article Type
Commentary
Posts
-
CommentaryVol. 104 · Iss. 1
Beyond the Prison Wall: Refundable Fines as an Alternative to Incarceration
Abstract In this Commentary, we introduce the refundable fine, a novel mechanism designed to rehabilitate low- to mid-level first-time offenders and to improve the…
Gideon Parchomovsky & Alex Stein -
CommentaryVol. 103 · Iss. 4
Control Capture and Competition
This Essay identifies an emerging problem in antitrust law and policy, particularly in the technology industry. Antitrust doctrine aimed at preventing future harms has…
D. Daniel Sokol & Robert J. Rhee -
CommentaryVol. 103 · Iss. 2
Whose Children?
Recent debates surrounding transgender children and the rights of their parents reveal a troubling development. When addressing state restrictions on vital medical care for…
William J. Aceves -
CommentaryVol. 102 · Iss. 5
Grants Pass and the Pathology of the Criminal Law
Last Term, the Supreme Court held that cities may, consistent with the Eighth Amendment, criminalize sleeping in public, even for people who have no…
Ben A. McJunkin -
CommentaryVol. 102 · Iss. 4
The 14th Circuit
2025 will mark the fifteenth anniversary of Professor Stephen Legomsky’s landmark article proposing “radical surgery” on American immigration adjudication. Professor Legomsky argued for creating…
Jayanth K. Krishnan -
CommentaryVol. 102 · Iss. 3
Grading Patents
In this Article, we offer a new design for our patent system with a view to optimize its functioning. As multiple patent scholars have…
Roy Baharad & Gideon Parchomovsky -
CommentaryVol. 102 · Iss. 2
Consequential Damages Clauses: Alien Vomit Or Intelligent Design?
Hadley v. Baxendale, 9 Exch. 341 (1854), is an old British case commonly taught in first-year contracts classes. The case sets out a limitation…
Tara Chowdhury, Faith Chudkowski, Amanda Dixon, Rishabh Sharma, Madison Sherrill, Hadar Tanne, Stephen J. Choi & Mitu Gulati -
CommentaryVol. 102 · Iss. 2
Another Consequential Damages Redux: A Response to “Consequential Damages Clauses: Alien Vomit or Intelligent Design?”
In “Consequential Damages Clauses: Alien Vomit or Intelligent Design,” Professors Choi and Gulati (and their cast of co-authors) have produced an interesting piece examining,…
Glenn D. West -
CommentaryVol. 102 · Iss. 1
Standing Orders: A Survey of Individual Judges’ Regulation of Practice in All Future Cases Before Them
Federal district courts, after notice-and-comment process, can issue local rules to govern practice and procedure in all cases in a judicial district. An individual…
J. Campbell Barker -
CommentaryVol. 101 · Iss. 5
When Jurisdiction Stripping Raises Factual Questions
Courts apply a strong presumption in favor of judicial review of government action. When they apply that presumption, they silently presume that they can…
David K. Hausman -
CommentaryVol. 101 · Iss. 4
The Consent of the Governed: Resistance as Constituent Power
The legal status of resistance to tyranny as a universal human right has received little attention in recent years. Following the conclusion of World…
Leigha Crout -
CommentaryVol. 101 · Iss. 3
Arbitrating Corruption
One of the most controversial issues in international investment law is how arbitral panels should deal with investments tainted by corruption at their inception.…
Rachel Brewster