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Zach Price on Congressional Control of Executive Spending

Published on: Author: Scott Dodson

My colleague Zach Price, who writes about constitutional law, with a specific emphasis on separation of powers and executive power, has written a timely and very important new article called “Funding Conditions and Separation of Powers,” forthcoming in Vanderbilt Law Review. The article tackles a heady issue of law and politics: when are congressional conditions… Continue reading

Joan Williams on Understanding the Working Class

Published on: Author: Scott Dodson

My illustrious colleague Joan Williams has published a new book with Harvard Business Review Press called White Working Class: Overcoming Class Cluelessness in America. The book is an expansion of her widely shared (more than 3.5 million times!) essay on the working class and the 2016 presidential election. In the book, Professor Williams offers an… Continue reading

David Takacs on South Africa’s Treatment of Water Rights

Published on: Author: Dave Owen

As it emerged from decades of legal apartheid, South Africa also embarked on an ambitious program of water-law reform. At its core were two ideas. The first was to treat an old legal concept—the public-trust doctrine—as a foundation for the emerging legal system. That meant treating water as a common resource, to be held by… Continue reading

Manoj Viswanathan on Centralized Intermediaries and Tax Compliance

Published on: Author: Heather Field

My colleague Manoj Viswanathan has written a new article, “Tax Compliance in a Decentralizing Economy,” forthcoming in Georgia State University Law Review. This article reveals the threat to tax compliance that is posed both by new technologies that enable on-demand sharing of services and by blockchain technology that facilitates cryptocurrency (e.g., Bitcoin) transactions and other… Continue reading

Dave Owen on Debunking the Myths of Environmental Law

Published on: Author: David Takacs

In his scholarly works, Professor Dave Owen often starts by telling the story that everyone knows about a certain central doctrine of environmental law, and then uses empirical data to meticulously pick apart why that narrative that everyone knows is right is actually wrong. In so doing, he’s not just trying to skewer sacred cows;… Continue reading

Heather Field on Tax Practice and Ethics

Published on: Author: Manoj Viswanathan

Heather Field, my colleague and fellow tax scholar, has written two important articles at the intersection of the practice of tax law and professional ethics. There are scant resources for (1) tax practitioners seeking guidance on how to act ethically when making discretionary decisions involving aggressive tax planning and (2) tax law faculty who want… Continue reading

Scott Dodson on Rule 23’s Negative History

Published on: Author: Morris Ratner

In a forthcoming article in the New York University Law Review, my colleague Scott Dodson takes us through the looking glass by providing a “negative retrospective” of the class action rule that might have been. To anyone who feels comfortable with the current text of Rule 23, this is exciting and challenging reading, in part… Continue reading

Morris Ratner on Class-Action Settlement Certification in the Lower Courts

Published on: Author: Scott Dodson

My colleague Morris Ratner, who writes about complex litigation and ethics, has written an important new article, “Class Conflicts,” forthcoming in Washington Law Review. The article offers a detailed descriptive account of how lower courts have managed intraclass conflicts in class-action settlements after Amchem and Ortiz, a pair of Supreme Court cases from the 1990s… Continue reading