Zach Price on Reliance on Executive Nonenforcement

Published on: Author: Scott Dodson

In “Reliance on Nonenforcement,” appearing in the William & Mary Law Review, my brilliant colleague Zach Price continues his leading work on executive–branch nonenforcement, an issue that has risen to the forefront in an era of divided and polarized politics. The idea of executive nonenforcement is straightforward and has a long pedigree. Has a police… Continue reading

Morris Ratner on Unbundled Legal Services

Published on: Author: Scott Dodson

In a recent colloquium contribution titled “Restraining Lawyers: From ‘Cases’ to ‘Tasks’” published in Fordham Law Review, my colleague Morris Ratner, one of the most incisive voices on the intersection of the Federal Rules of Civil Procedure and the actual business model of attorney litigation, dissects the traditional “case” as the unit of measure for… Continue reading

Chimène Keitner on International-Law Immunities in Civil Cases

Published on: Author: Naomi Roht-Arriaza

In a forthcoming book chapter entitled Immunities of Foreign Officials from Civil Jurisdiction, Professor Chimène Keitner takes on one of the more perplexing issues in international law: the immunity of state officials from civil suit. Does the sovereign equality of states—a fundamental rule of the international system—require that state officials be treated like the state… Continue reading

Karen Musalo and Eunice Lee on a Rational Response to Refugees in the Region

Published on: Author: Richard Boswell

In their article, Seeking a Rational Approach to a Regional Refugee Crisis: Lessons from the Summer 2014 “Surge” of Central American Women and Children at the US-Mexico Border, Professor Karen Musalo and Center for Gender & Refugee Studies (CGRS) co-Legal Director Eunice Lee examine refugee policy and regional conditions in the Obama era. Although rhetoric… Continue reading

Naomi Roht-Arriaza on Measures of Non-Repetition After Atrocity Crimes

Published on: Author: Chimene Keitner

Distinguished Professor Naomi Roht-Arriaza, author of the pathbreaking monograph The Pinochet Effect: Transitional Justice in the Age of Human Rights and a recently appointed amicus curiae for the Special Jurisdiction for Peace in Colombia, examines the question of Measures of Non-Repetition in Transitional Justice: The Missing Link? in a forthcoming book chapter. The chapter begins… Continue reading

Jodi Short on Globalization, American Firms, and Human Rights

Published on: Author: Jared Ellias

Globalization brings tremendous benefits to developed countries, but it also creates ethical dilemmas. For example, American firms can often reduce their production costs by purchasing inputs from foreign suppliers. Problematically, the comparative advantage of some foreign suppliers might be their ability to avoid the costs associated with protecting their workers from injuries and protecting the… Continue reading

Jaime King et al. on Freestanding Emergency Departments and the Healthcare Game

Published on: Author: Emily Murphy

The fragmented nature of the U.S. healthcare system creates many targets for criticism. Innovations such as freestanding emergency departments (EDs) have recently drawn fire from payers, policy makers, and professional organizations. In a new article in the Annals of Emergency Medicine titled “Don’t Hate the Player; Hate the Game,” Professor Jaime King (writing with physician… Continue reading

Rick Marcus on the Future of the American Class Action

Published on: Author: Scott Dodson

My colleague Rick Marcus, one of the current “greats” in the world of civil procedure, recently wrote a paper called “Bending in the Breeze: American Class Actions in the Twenty-First Century.” In the paper, Professor Marcus appraises the future of the federal class action.   Professor Marcus is in a good position to do so; he… Continue reading

Jared Ellias on Bankruptcy Forum Shopping

Published on: Author: Jodi Short

What drives forum-shopping? Is it that sophisticated litigants seek jurisdictions that offer judicial expertise and predictable application of the law, or is it that sophisticated litigants seek to game the system by seeking out judges more likely to be biased in their favor? In “What Drives Bankruptcy Forum Shopping? Evidence from Market Data,” Professor Jared… Continue reading