For the last 40 years, the desire to reduce the power of the regulatory state has been one of the central policy goals of the Republican Party. In some specific policy areas, this desire has been shared by Democratic politicians. Accordingly, starting in the 1970s numerous pieces of deregulatory legislation have been passed, for better… Continue reading →
A few days ago, the New York Times ran an op-ed about the pervasive problems Pakistanis face accessing drinking water. Tap water is available in many places in Pakistan, but drinking it is a health risk; according to one recent report, forty percent of all deaths in Pakistan result from infectious diseases contracted by drinking… Continue reading →
When Franklin Zimring decided to study lethal violence by police for his recent book When Police Kill, he learned that official records could not be trusted. As he explains in the book, data collected by the FBI (or by Vital Statistics) accounts for no more than half of the shootings reliably counted by The Guardian or The Washington Post.… Continue reading →
My colleague Scott Dodson is the most prominent American civil-procedure scholar of his generation addressing comparative-procedure issues. One recognition of his status is that he is the youngest American elected to membership in the International Association of Procedural Law. Another is that he was invited to serve as National Reporter for the U.S. in connection… Continue reading →
What duty do healthcare employers have to accommodate employees with religious objections to influenza vaccines? My colleagues Dorit Reiss and Veena Dubal, recognized experts (respectively) in vaccine law and employment discrimination, have teamed up to provide an invaluable primer on the law governing this question. Their bottom-line answer is, “not much.” Professor Reiss and Professor… Continue reading →
My colleague Professor Zachary Price, an expert on the constitutional separation of powers, recently dove into the First Amendment debates in a symposium article published in the University of Pennsylvania’s Journal of Constitutional Law. The article, titled “Our Imperiled Absolutist First Amendment,” examines the First Amendment in light of three salient socio-political developments: fake news,… Continue reading →
My colleague Professor Rick Marcus, who has distinguished himself in procedure circles not just in the U.S. but also quite prominently abroad, has posted a new book chapter titled “Reassessing the Essential Role of the Public Courts: Learning from the American Experience.” The book is focused on the public role of courts from a comparative… Continue reading →
In 2005, popular disgust with several high-profile cases of bankrupt firms paying top executives large “retention” bonuses led Congress to prohibit such bonuses for firms in Chapter 11. In a forthcoming article in the Southern California Law Review, Regulating Bankruptcy Bonuses, Professor Jared Ellias suggests that firms have found ways to evade this prohibition, so… Continue reading →
Who matters in the tax-policy debate? My colleague, Leo Martinez, in his recent article Latinos and the Internal Revenue Code: A Tax Policy Primer for the New Administration, 20 Harv. Latinx L. Rev. 101 (2017), argues that legislators and policymakers should pay more attention to Latinos and how they are adversely affected by the tax law. To… Continue reading →
A decade of reform efforts has given financial regulators an array of tools to stave off the next crisis—living wills, orderly liquidation authority, and so on. These new tools, in turn, have produced a large and lively literature in legal and economic scholarship. Yet a fundamental question—exactly when regulators should deploy the new regulatory apparatus—has… Continue reading →
