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The Glaring Gap in Tort Theory
to their doctrinal determinations challenges this framing. That said, if the goal of these tort theorists is to identify some abstract essence of tort
Forum: Is There an Exclusive Commander-in-Chief Power?
The Yale Law Journal - Forum: Is There an Exclusive Commander-in-Chief Power? Is There an Exclusive Commander-in-Chief Power? Which President was
How Much Redistribution Should There Be?
Yale Law Journal - How Much Redistribution Should There Be? How Much Redistribution Should There Be?
Forum: The Political Theory of an Independent Judiciary
the nature of those roots. She traces the origins of judicial review to corporate law, whereas I locate them in political theory. Professor Bilder
Forum: Political Avoidance, Constitutional Theory, and the VRA
Constitutional theory and design have been dominated by the specter of legislative and executive institutions voraciously seeking to expand their powers. But
There’s No Such Thing as a Political Question of Statutory Interpretation: The Implications of Zivotofsky v. Clinton
Yale Law Journal - There’s No Such Thing as a Political Question of Statutory Interpretation: The Implications of Zivotofsky v. Clinton There’s No
Forum: "One of These Things Does Not Belong”: Intellectual Property and Collective Action Across Boundaries
argued, even these scholars sometimes duplicate the zero-sum theorists’ tendency to ascribe far too much agency to the law, a supposed “master frame
The Law and Economics of Critical Race Theory
Yale Law Journal - The Law and Economics of Critical Race Theory
Contract Theory and the Limits of Contract Law
Yale Law Journal - Contract Theory and the Limits of Contract Law
Conspiracy Theory
Yale Law Journal - Conspiracy Theory