Browse Articles

Jurisprudence and (Its) History

Jurisprudence, the Sociable Science

Jurisprudence, History, and the Institutional Quality of Law

The Path-Dependence of Legal Positivism

Toward Classical Legal Positivism

Sovereignty and Subversion

The Constitution and the Philosophy of Language: Entailment, Implicature, and Implied Powers

The main purpose of this Article is to begin to recover and elucidate the core textual basis of a progressive approach to constitutional law, which appears to have been embraced in essential respects by many influential figures, including Wilson, …

Intellectual History as Constitutional Theory

Marx, Law, Ideology, Legal Positivism

The Changing Face of the Supreme Court

The Case Against Federalizing Trade Secrecy

Contaminated Confessions Revisited

The Significance of Parental Domicile Under the Citizenship Clause

What Killed the Violence Against Women Act’s Civil Rights Remedy Before the Supreme Court Did?

At the Frontier of the Younger Doctrine: Reflections on Google v. Hood

The Corporate Settlement Mill

Eliminating the Single-Entity Rule in Joint Infringement Cases: Liability for the Last Step

Patent Experimentalism

The Legitimacy Of (Some) Federal Common Law

Bad Actors and the Evolution of Patent Law

Historically high levels of abusive patent enforcement fuel an ongoing debate on the need for legislative and judicial reforms designed to deter bad faith conduct by patent holders. To date, this debate has focused intently on the direct monetary …