Even ethnically plural societies require a unum in order to have a state able to keep the peace, allow and protect freedom, encourage participation and belonging, and extract and redistribute resources. That redistribution is needed to improve the chances for fairness and justice for...

A Pragmatic Justification of the Judicial Hunch argues that Judge Joseph Hutcheson's famous hunch theory of judicial decision making provides a compelling solution to the daunting task of judicial decision making in an age noted for an increasing explosion of factual complexity and an increasing...

This article responds to a proposal by Professor John C. Coffee, Jr. for a modified form of strict liability for gatekeepers. Professor Coffee's proposal would convert gatekeepers into insurers, but cap their insurance obligations based on a multiple of the highest annual revenues the...

Climate regulation of the electricity sector is one of the most important growing — and rapidly changing — areas of law and policy today. This is both because of the critical role that electricity plays in modern society, acting as economic lifeblood, and because of electricity's part in...

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. This Essay argues that Desmond's mostly federal legal prescriptions are insufficient to help...

In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...

In 2007, the Carnegie Foundation published Educating Lawyers, its influential and comprehensive assessment on how well law schools law schools train our students. One of the most important recommendations made by Carnegie that law schools should provide an apprenticeship in professional...

The single-member LLC (SMLLC) is ubiquitous. Despite its ubiquity, the Internal Revenue Code (Code) does not squarely address its tax consequences nor even contemplate its existence. This article examines the tax lifecycle of an SMLLC through its formation, operation, and exit event (e.g., sale,...

State bar licensing authorities and law schools have been debating whether the passing score on the bar exam is set at the right level or should be lowered. Much of the debate centers on generalizations without evidence about the effect that changes to the bar exam may have.We present data...

The global value of public procurement spending is enormous. Each year, approximately 19% of the EU GDP is spent by over 250,000 public authorities purchasing services, works and supplies. The sheer scale of public procurement spending and supplier selection decisions can literally create and...