This Article identifies and describes a crucial source of innovation failure — linked not to the market but to the structure of social relations that underlie market transactions — that this Article terms social network innovation failures. This source of innovation failure, however, has...

The First Amendment prohibits discrimination against religion. In a short time, mostly in cases challenging efforts to contain the Covid pandemic, the Supreme Court has transformed this familiar rule into new, more exacting doctrines that might exempt religious people from almost any law. This...

The various doctrines of subject-matter jurisdiction represent some of the most important limitations on the powers of the federal judiciary, and the Supreme Court has repeatedly said that Article III standing, which enforces the Constitution's “case or controversy” requirement, is the most...

This article explores the right of the people to be free from government granted monopolies or from what we would today call “Crony Capitalism.” We trace the constitutional history of this right from Tudor England down to present day state and federal constitutional law. We begin with Darcy...

Modern law makes currency a creature of the state and ultimately the value of its currency depends on the public's trust in that state. While some nations are more capable than others at instilling public trust in the stability of their monetary institutions, it is nonetheless impossible for any...

This paper argues that judicial review usually emerges in response to a nation's need for an umpire to resolve federalism or separation of powers boundary line disputes. Once such an umpire is established, judicial review tends to expand to protect individual rights as well as umpiring among...

We study of the ideological balance of the legal academy and compare it to the ideology of the legal profession more broadly. To do so, we match professors listed in the Association of American Law Schools Directory of Law Teachers and lawyers listed in the Martindale-Hubbell directory to a...

The Supreme Court and the Federal Reserve, twin pillars of the liberal market order, have never been systematically compared. Yet, as elite institutions in a democratic political world, they face parallel problems in carrying out similar functions of maintaining the precommitments to a stable...

This Article argues that, with respect to our federal regime for safe drinking water, what we observe is not cooperative federalism but rather a triple abdication - abdication of responsibility on the part of the federal, state and local governments. As a result, some localities inadequately...