From the time of the subprime mortgage collapse, lenders began in earnest in several jurisdictions to sue borrowers under a new theory of liability: tort claims for waste. Today, these claims continue to rise in frequency and to expand to new jurisdictions. Lender waste claims provide a “work...

In the traditional account, American courts transformed the law of waste, radically diverging from British courts around the time of the American Revolution. Some of the most influential theorists of American legal history have used this account as evidence that American law is driven by...

Bruce Ackerman's recent book, The Decline and Fall of the American Republic, is a sudden shift from his previous scholarship on constitutional moments and the ability of social movements to generate minor revolutions. By acknowledging how constitutional change did not fit into his model of...