Lon Fuller's claim that polycentric disputes are unsuitable for adjudication has had a powerful impact on the English law of justiciability. Fuller conceded, as many have noted, that polycentricity is a matter of degree and that counter-examples can be admitted without collapsing the concept....

This article addresses the pressing issue of what process courts should use to identify those questions whose resolution lies beyond their appropriate capacity and legitimacy. The search for such a process is a basic constitutional problem that has defied a clear answer for well over a hundred...

Libertarian paternalism, as advanced by Cass Sunstein, is seriously flawed, but not primarily for the reasons that most commentators suggest. Libertarian paternalism and its attendant regulatory implications are too libertarian, not too paternalistic, and as a result are in considerable tension...