Volume 63, Issue 1

Federal reform transformed civil and criminal litigation in the early 1940s. The new civil rules sought to achieve adversarial balance as it afforded litigants, virtually all white, with powerful discovery…

This Article uses controversies over government-sponsored religious symbols and Confederate monuments to consider the appropriate constitutional limits on the government’s symbolic expression. It contrasts two types of constitutional harm that can arise…

Default rules, which apply only if parties opt not to bypass them, are a common and consequential phenomenon in law. These rules fill gaps, serve as the backdrop against which…

The legalization of physician aid in dying (“PAID”) has been spreading across the United States and is currently legal in ten jurisdictions. Meant to respect autonomy at the end of…

Revenge porn has become an epidemic in the United States in recent years. A debate among legislators has emerged, focused primarily on the question of whether to criminalize the phenomenon,…

Soon there will be private industry on the moon, but the question of how property rights will be apportioned, transferred, and adjudicated is still unanswered. Further complicating the matter is…

Since per- and polyfluoroalkyl substances (“PFAS”) were created in the mid- twentieth century, they have made their way into all aspects of the environment, including drinking water sources. Humans, and all living…