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Neil H. Buchanan* & Michael C. Dorf**

I. Introduction

In August 2011, Congress and the President narrowly averted economic and political catastrophe, agreeing at the last possible moment to authorize a series of increases in the national debt ceiling.1 This respite, unfortunately, was merely ...READ MORE

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Colin Miller*

Introduction

Under the doctrine of forfeiture by wrongdoing, a party who successfully engages in conduct designed to render a prospective witness unavailable at trial forfeits his objection to the admission of hearsay statements made by that witness. Typically, this forfeiture ...READ MORE

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By: David Michael Jaros

From illicit drugs to human smuggling to prostitution, legislators may actually perfect the very criminal markets they seek to destroy. Criminal laws often create new dangers and new criminal opportunities. Criminalizing drugs creates opportunities to sell fake ...READ MORE

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By: Michael D. Sant’Ambrogio & Adam S. Zimmerman

The number of claims languishing on administrative dockets has become a “crisis,” producing significant backlogs, arbitrary outcomes, and new barriers to justice. Coal miners, disabled employees, and wounded soldiers sit on endless waitlists ...READ MORE

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By: Jacob E. Gersen & Adrian Vermeule

An axiom of institutional design is known as the ally principle: All else equal, voters, legislators, or other principals will rationally delegate more authority to agents who share their preferences (“allies”). The ally principle ...READ MORE

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By: Gregory D. Beaton

The hot news misappropriation doctrine permits a plaintiff to seek time-limited injunctive relief against an alleged misappropriator in order to promote the reporting and dissemination of noncopyrightable information. While the hot news remedy may be a powerful ...READ MORE

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By: Kaitlin Cassel

In 1995, the Supreme Court, in Sandin v. Conner, altered the standard by which federal courts determine when due process attaches to prisoners’ liberty interests. This new standard recognizes prisoners’ liberty interests only upon a showing of an ...READ MORE

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By: James W. Crooks

This Note examines the interaction between the Fair Labor Standards Act (FLSA), which guarantees a minimum wage and overtime pay to most categories of employees, and the civil remedies of the Racketeer Influenced and Corrupt Organizations Act ...READ MORE