U.S. Supreme Court Narrows Availability of Court-Ordered Discovery in Aid of Proceedings before Foreign and International Tribunals
The U.S. Supreme Court has finally spoken on the statutory authority of U.S. federal courts to order discovery in aid of proceedings before foreign and international tribunals.
A Defense of Horizontal Privity in American Property Law
This article attempts to present a balanced and nuanced view with two major aims: to show why many of the objections against horizontal privity are weak and to argue for why horizontal privity may be worth keeping.
Designing Informal Mechanisms for Claims of Campus Sexual Misconduct
This article provides ten guidelines for developing informal mechanisms for sexual misconduct claims using a “dispute systems design” (DSD) analytical framework: an interest-based design process that includes the expected users of the system as a means to ensure the system meets the needs of those who will be using it.
The Perils and Promise of Public Nuisance
This article utilizes the opioid litigation to explore the three most common sets of objections to public nuisance: (1) traditionalist, (2) formalist, and (3) institutional. Public nuisance can seem unusual, even outlandish. At worst, it is a potentially capacious mechanism allowing executive branch actors to employ the judicial process to address legislative and regulatory problems. Nevertheless, its perils are easily overstated and its promise overlooked.
In 5-4 ruling, SCOTUS dramatically expands the power of states to prosecute crimes on reservations
On the second-to-last day of the 2021-22 term, the U.S. Supreme Court ruled 5-4 that Oklahoma — and all other states — possesses concurrent jurisdiction with the federal government over crimes committed by non-Indians against Indians in Indian country, wiping away centuries of tradition and practice.
Election Law Localism and Democracy
This Article examines the local role in the 2020 election, together with the state pushback of 2021, as a study of both the surprising significance of local officials in promoting democracy and the place of local government in our intergovernmental system more generally.