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Anticipating Accommodation
(Iowa Law Review, 2020)
In theory, a reasonable accommodation mandate can remedy worker marginalization by requiring employers to make small adjustments in the workplace that have big payoffs for employees. But in reality, a reasonable accommodation ...
The Normalization of Foreign Relations Law
(Harvard Law Review, 2015)
The defining feature of foreign relations law is that it is distinct from domestic law. Courts have recognized that foreign affairs are political by their nature and thus unsuited to adjudication, that state and local ...
Regulatory Exit
(Vanderbilt Law Review, 2015)
Exit is a ubiquitous feature of life, whether breaking up in a marriage, dropping a college course, or pulling out of a venture capital investment. In fact, our exit options often determine whether and how we enter in the ...
An Administrative Jurisprudence: The Rule of Law in the Administrative State
(Columbia Law Review, 2015)
This Essay offers a specification of the rule of law’s demands of administrative law and government inspired by Professor Peter L. Strauss’s scholarship. It identifies five principles—authorization, notice, justification, ...
Lessons from the Turn of the Twentieth Century for First-Year Courses on Legislation and Regulation
(Journal of Legal Education, 2015)
This essay — part of a special journal issue on Legislation and Regulation and Regulatory State courses as core elements of the law school curriculum — approaches the debate over adopting these courses by looking back to ...
Discounting Dilemmas: Editors' Introduction
(Journal of Risk and Uncertainty, 2008)
Two developments pose dilemmas for well established discounting techniques: (1) The
extremely long time horizons associated with recently prominent environmental policy problems, such as climate change and nuclear waste ...
The Forest and the Trees
(Vanderbilt Lawyer, 2002)
Ask those who carefully follow the Supreme Court, and they will tell you that--for good or bad, depending on their perspective--the current Supreme Court has reduced to near rubble the metaphorical wall separating church ...
Forensics, , Chicken Soup, and Meteorites: A Tribute to Michael Risinger
(Seton Hall Law Review, 2018)
Michael Risinger's scholarship has had a profound impact on our field. And while his work has run the gamut in evidence law, I think it is clear that Michael's true love has always been expert evidence, and more specifically, ...
Immigration Enforcement and the Fugitive Slave Acts
(Catholic University Law Review, 2012)
Two seemingly different federal enforcement systems that affect the movement of unskilled workers — the 1793 and 1850 Fugitive Slave Acts and current state immigration enforcement policies — have remarkable similarities. ...
Purposivism in the Executive Branch: How Agencies Interpret Statutes
(Northwestern University Law Review, 2015)
After decades of debate, the lines of distinction between textualism and purposivism have been carefully drawn with respect to the judicial task of statutory interpretation. Far less attention has been devoted to the ...