With the introduction of modern zero tolerance policies and harsh approaches to discipline, schools now punish much more behavior than they ever have before. The underlying problem is that not all behavior for which schools are expelling and suspending students is bad or serious. Schools have expelled the student who brings aspirin or fingernail clippers [...]

The Supreme Court’s Article III doctrine is built upon an explicit assumption that Article III must accommodate non-Article III tribunals in order to allow Congress to “innovate” by creating new procedural structures to further its substantive regulatory goals. In this Article, I challenge that fundamental assumption. I argue that each of the types of non-Article [...]

In this Article, we introduce an innovative market-based mechanism designed for the advancement of environmental goals. We propose enacting legislation that would empower (but not force) green firms to transfer a call option over a block of their shares to a publicly traded company of their choice. The implementation of our mechanism would give established [...]

Domestic choice-of-law is widely bemoaned for being a chaotic mess, with states using a half dozen different approaches.  But if we praise ‘our federalism’ for allowing states to adopt divergent laws that best reflect their citizens’ distinctive values, why are different tort and family laws across states normatively acceptable but not choice-of-law?  In fact, the [...]

Despite the recognized importance of determining who is an “employee” for purposes of legal coverage, the concept remains unsettled. The confusion over how to define “employee” is now spreading to upset the boundary between employees and volunteers. As voluntarily unpaid workers increasingly bring lawsuits alleging discrimination under federal statutes, a majority of federal courts apply [...]

Miller v. Alabama continued the trend in Supreme Court cases finding that juvenile criminal offenders are less culpable than adult offenders, by holding that states cannot sentence juvenile offenders to mandatory life without parole. The Court held that it is cruel and unusual punishment to sentence a juvenile to life without parole without taking youthfulness [...]

Gluck and Bressman’s recent survey of legislative drafters suggests that judges who interpret and construe statutes are not on the same page as those who draft and revise them. This disconnect seems especially glaring in light of the rise of statute-based law and the increasing impact that judicial statutory interpretation and legislative drafting have on [...]