Two notions have achieved conventional wisdom status in many quarters. First, that the United States is a safety net laggard when compared with other highly developed nations; and second, that the obvious thing to do to improve America's safety net is to become more like those other nations. In this essay, which is based on remarks delivered at the 2016 Federalist Society Student Symposium, I explain why both claims are wrong. Far from being a " welfare state laggard, " the United States has a rich tradition of a strong safety net, one that has over the course of the nation's history reflected a distinct American identity. And when it comes to repairing its frayed safety net, the U.S. needs to craft solutions tailored to its own unique institutions.
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...
This article discusses the links between climate and debt sustainability by focusing on how climate mitigation and adaptation are paid for, and who...
As the knowledge economy expanded and concerns about trade secret misappropriation mounted in the digital age, federal policymakers undertook efforts...
Courts routinely use low cash bail as a financial incentive to ensure that released defendants appear in court and abstain from crime. This can create...
I’m writing about a book of mine that may be of interest to the election law community. The title is Public Law and Economics, my coauthor is Robert...
In 2018 the U.S. government announced that Chinese espionage was occurring in university research labs, and the Department of Justice subsequently...
This comprehensive textbook applies economic analysis to public law. The economic analysis of law has revolutionized legal scholarship and teaching in...
The 2022 edition of Selected Intellectual Property, Internet, and Information Law Statutes, Regulations, and Treaties, edited by Professors Sharon K...
Human rights discourse has become central to the global debates about treatment of and solutions for refugees and displaced persons. Following the...
Obtaining or resisting some form of equitable relief is a key component of many trade secret disputes, both at an early stage and following trial on...
This chapter analyzes the extraterritorial provision in the Defend Trade Secrets Act (DTSA) and considers the arguments on both sides of the question...
The 2021 edition of this annual volume marks a transition from Roger Schechter’s longtime editorship of Selected Intellectual Property and Unfair...
Unnoticed in the literature on sovereign bonds, an innovation has been taking place over the past decade and a half. Starting with a single issuance...
We evaluate the impacts of adopting algorithmic risk assessments as an aid to judicial discretion in felony sentencing. We find that judges' decisions...
This is the third edition of the first casebook in the United States devoted exclusively to trade secret law. As with previous editions, it is...