Insurance Law and Regulation: Cases and Materials

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...

On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade.  In the...

Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

It has long been said that the common law "works itself pure" But in the law of torts, not always. This Article reveals and analyzes the...

The idea of institutionalism figures prominently in today’s debates about the role of federal courts in American democracy. For example, Chief Justice...

Long lines inside Bodo’s Bagels, congestion on Emmet Street and a seemingly endless stream of runners and scooters zooming past your car in early...

We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

Scores of lawsuits have pushed retirement plan sponsors to shorter, easier-to-navigate menus, but – as Ian Ayres and Quinn Curtis argue in this work –...

The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed...

Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and...

Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts...

The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen...