This Feature argues that constitutionally unenumerated yet nonetheless fundamental rights require judicial protection, but only from unequal infringements. Because these infringements often result ...

110 Yale L.J. 1 (2000)In all postfeudal legal systems, the basic ways of owning property are limited in number and standardized, in the sense that courts will enforce as property only interests that ...

abstract. This Feature examines the antitrust treatment of mergers that harm sellers. We separately consider two mechanisms of harm, increased classical monopsony power and increased bargaining ...

Data practices of powerful technology companies are aimed primarily at deriving population-level, relational insights, not individual insights specific to a data subject. To apprehend and adjudicate ...

Antitrust enforcement against anticompetitive platform most favored nations (MFN) provisions can protect competition in online markets, including hotel and transportation bookings, digital goods, or ...

In New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court announced a novel historical-analogical approach to constitutional decisionmaking. The Court sought to constrain judicial discretion, ...

abstract. Today’s left social movements are challenging formal law and politics for their capitulation to a regime of racial capitalism. In this Feature, I argue that we must reconceive our ...

abstract. Since long before the settling of the American colonies, property boundaries were described by the “metes and bounds” method, a system of demarcation dependent on localized knowledge of ...

abstract. This Feature summarizes why and how vertical merger enforcement should be invigorated. In our modern market system, vigorous vertical merger enforcement is a necessity. Strong enforcement is ...

This Article illustrates how contracts between local governments—interlocal agreements (ILAs)—play a powerful lawmaking function yet lack democratic accountability. It traces the problem to state ...

abstract. This Feature examines the antitrust treatment of mergers that harm sellers. We separately consider two mechanisms of harm, increased classical monopsony power and increased bargaining ...

This Article conducts a systematic investigation of “wandering officers”—law-enforcement officers fired by one department who find work at another agency. It reports on the prevalence, labor mobility, ...