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A Missing Piece of the Puzzle of the Dignitary Torts

In their article, Professors Kenneth Abraham and G. Edward White identify a puzzle: despite the value that our society purports to place on dignity, tort law’s dignity- protecting function has been little explored.1 Lawmakers and courts employ the term “dignity” without specifying the interests at stake. Dignitary torts—battery, false imprisonment, defamation, intentional infliction of emotional […]

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Originalism as Faith

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Excessive Force and the Media

Recent allegations of police officers using excessive force against people of color have received considerable attention in the media. Yet such incidents have largely stalled in the legal system. With a few notable exceptions, neither criminal nor civil proceedings, at either the federal or state level, have provided recourse for those injured by the police […]

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Securitization and Post-Crisis Financial Regulation

There are few types of securities as internationally traded as those issued in securitization (also spelled securitisation) transactions. The post-financial crisis regulatory responses to securitization in the United States and Europe are, at least in part, political and ad hoc. To achieve a more systematic regulatory framework, this Essay examines how existing regulation should be […]

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Jurisdiction and Resentencing: How Prosecutorial Waiver Can Offer Remedies Congress Has Denied

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Institutional Competence and Civil Rules Interpretation

 

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Two Economic Rationales for Felony Murder

Critics of the felony-murder rule have long argued that the rule is outdated and unreasonable, and the Supreme Court since 1982 has interpreted the Eighth Amendment to limit use of the death penalty in felony-murder cases. I present here two economic rationales for the felony-murder rule and show how the Court’s interpretation of the Eighth […]

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A Sustainable Music Industry For the 21st Century

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Assumed Sane

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The Untold EpiPen Story: How Mylan Hiked Prices by Blocking Rivals

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