Although the language of the First Amendment refers to freedom of speech, it turns out that most of the vast universe of speech remains untouched (and thus unprotected) by the First Amendment. Antitrust law, the law of securities regulation, the law of criminal solicitation and conspiracy, much...

The last ten years have seen an exponential increase in the volume of legal transplantation, the process by which laws and legal institutions developed in one country are then adopted by another. Although there is a small literature on the process of legal transplantation, most of that...

For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, environmental, and other litigation has functioned as an alternative form of regulation, the debate asks whether policy-making or regulation by litigation is more or less socially...

In PGA Tour, Inc. v. Casey Martin, the Supreme Court of the United States upheld the right of the professional golfer Casey Martin to use a golf cart while playing in professional golf tournaments, despite the PGA rule requiring walking. In concluding that the Americans With Disabilities Act...

Since Herbert Wechsler’s famous article, the topic of neutrality has played central stage in many debates about judicial review specifically and constitutional law generally. On closer inspection, however, it turns out that the heading of “neutrality” encompasses not one but four different...

Both criminal and regulatory law have traditionally been skeptical of what Jeremy Bentham referred to as evidentiary offenses – the prohibition (or regulation) of some activity not because it is wrong, but because it probabilistically (but not universally) indicates that a real wrong has...

For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, environmental, and other litigation has functioned as an alternative form of regulation, the debate asks whether policy-making or regulation by litigation is more or less socially...