Fifty years ago, two great technologies, the telecommunications network and the computer, embarked on a collision course. Experts at the time speculated about a “computer utility” that would profoundly influence both business and society. Not long after, the Federal Communications Commission...

The new prominence of constitutional tort claims like Valerie Plame's and Jose Padilla's calls for a re-examination of the form, a basic, but often overlooked, kind of lawsuit. This essay divides constitutional tort claims into three different types, each with different purposes and different...

An increasingly common response by regulators to what they view as undesirable market trends or challenges has been a sharp turn towards litigation to introduce novel legal theories and frameworks that could have been the product or subject of legislative or administrative rulemaking. The...