According to the Supreme Court, the most important phrase in the Fourth Amendment, “probable cause,” is not possible to define. This Article disagrees. It proposes a novel and comprehensive account of probable cause—one that offers meaningful and predictable constraints on law enforcement, while avoiding the perils of doctrinal rigidity.
This Article examines the mechanisms through which anticompetitive effects may arise when institutional investors hold stakes in competing firms. Most mechanisms, including cartel facilitation and passive failures to encourage competition, either lack empirical evidence or else are contrary to the interests of institutional common owners.
Informational capitalism brings new dangers of surveillance and manipulation—but also of accelerating monopoly, inequality, and democratic disempowerment. Examining two important new books on the topic, this Review maps the law and political economy of informational capitalism, a domain of rising private power, to enable us better to confront it.
This Note argues that when a local zoning body blocks construction of low-income housing in order to exclude the poor, courts should provide a constitutional remedy. After articulating a doctrinal path through the Due Process Clause, this Note makes the normative case for this “builder’s remedy” for exclusionary zoning.
Forty-four states, the District of Columbia, and the federal government criminalize disobeying the “lawful orders” of police officers. But it is uncertain which orders are lawful. This Comment proposes a model statute that would clarify and limit police authority while informing civilians about the legal risks of disobedience.
Charles Reich—a beloved law professor, writer, and visionary—passed away on June 15, 2019. This Collection explores his rich life and legacy in the law and shares some of his unfinished, previously unpublished work.
Federal officials enforced a “separate but equal” framework for public housing long after Brown invalidated that principle. This administrative regime wrote segregation into U.S. cities, operating as the effective Constitution for decades. This Article asks why a liberal, reformist agency chose that path—and what it teaches about administrative constitutionalism.
Changes in national security policy pose a fundamental challenge to international economic law. Security policies worldwide encompass many emerging threats, from cyber vulnerabilities to climate change. This expansion potentially undermines the ability of investment and trade treaties to discipline economic regulation and requires rethinking international economic institutions.
This Feature offers an account of what is wrong with consensual professor-student sex. Such sex constitutes a failure, on the professor’s part, to satisfy the duties that arise from the practice of teaching. It often also feeds on and reinforces women students’ second-class standing in the university.
When the law’s requirements are uncertain, potential remedies for a violation of the law influence how actors behave within that zone of uncertainty. This Note proposes a new class of remedies to handle such problems. It argues that “reflective remedies” encourage socially optimal behavior when certain conditions are met.
Procedural rules often prevent classes of trafficked workers from vindicating their rights in court. This Note examines the difficulties that face labor-trafficking class actions and proposes a new litigation strategy. That strategy urges state attorneys general to bring a more effective kind of aggregate suit on behalf of trafficked workers.
On February 15, 2019, President Trump declared a national emergency at the southern border, sparking a renewed debate on the powers granted to the President in the National Emergencies Act. This Collection considers the use of emergency powers in the United States and delves into potential checks on their invocation.
Lone Pine orders have become a prominent fixture of the mass-tort landscape. So far, the orders have been mostly heralded as an inventive way to streamline the resolution of complex cases. Complicating that consensus, this Article analyzes drawbacks associated with this potent device and advocates restrictions on the orders’ entry.
Multidistrict-litigation judges have invented a medley of new procedures to adjudicate the mass-tort cases before them. As plaintiff fact sheets and Lone Pine orders become widespread, however, formal rules’ built-in protections wane and procedural burdens may fall more harshly on one side.