Topic
Empirical Legal Studies
Posts
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ArticleVol. 104 · Iss. 1
Trust Litigation
There is a blind spot at the center of American inheritance law. In the late twentieth century, revocable living trusts (rev trusts) replaced wills…
David Horton, Reid Kress Weisbord & Christopher J. Ryan, Jr. -
ArticleVol. 104 · Iss. 1
Board Overload
The board of directors plays a critical role in steering corporate behavior. Over the past two decades, regulators have increasingly required boards to oversee…
Asaf Eckstein, Roy Shapira & Ariel Shillo -
ArticleVol. 103 · Iss. 4
Deference Realities: Judicial Deference and Litigation Outcomes in the Appellate Review Era
The Supreme Court recently overturned Chevron, potentially re-shaping the relationship between courts and administrative agencies. Observers were quick to fête or mourn the decision.…
Edward H. Stiglitz -
ArticleVol. 103 · Iss. 2
Policing Children’s Data
In recent years, advances in policing technology have dramatically expanded law enforcement’s ability to access data. This includes children’s data—their photographs, text messages, geolocation…
Nila Bala -
ArticleVol. 102 · Iss. 4
A World Without Federal Sentencing Guidelines
Most participants and observers of the criminal system perceive the Federal Sentencing Guidelines as excessively harsh. A foundational question has persisted since the creation…
Sam J. Merchant -
ArticleVol. 102 · Iss. 3
A Constitutional False Claims Act
The False Claims Act (FCA) represents one of the most important sources, if not the most important source, of liability in the healthcare system…
Benjamin J. McMichael, Mackenzi Barrett & W. Kip Viscusi -
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 -
Online2024
Contingent Fees and Access to Justice
In recent years, scholars have documented and lamented the fact that most Americans have difficulty gaining access to justice. Most people simply cannot afford…
Eric Helland & Daniel Klerman -
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 -
ArticleVol. 101 · Iss. 5
Opinion Authorship and Precedential Status
The federal courts of appeals have a two-tier system of judicial opinions: “published” and “unpublished.” Published judicial opinions represent binding precedent, whereas unpublished ones…
Nina Varsava -
ArticleVol. 101 · Iss. 4
Second-Class Administrative Law: Lincoln v. Vigil’s Puzzling Presumption of Unreviewability
Administrative law ordinarily presumes that someone hurt by “arbitrary and capricious” agency action may seek relief in federal court unless Congress says otherwise. Administrative…
Matthew B. Lawrence