The Federal Rules of Civil Procedure reflect a “formal equality” approach to civil justice. Formally equal systems promote justice by treating “like cases as like.” Theories embracing formal equality norms therefore implicitly depend on the idea that identical treatment equates to fair...

This Article explores the circumstances under which the federal legislative apparatus may be unable to respond to a politically objectionable statutory interpretation from the Supreme Court. The Article builds upon existing economic models of statutory interpretation, for the first time...

Just how “supreme” is the Supreme Court? By most accounts, the Supreme Court sits atop of the nation’s judicial hierarchy and—at least among judges—has the last word on what the law means. Yet this conventional wisdom overlooks something important: The Supreme Court’s ability to...