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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