Featured Article
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Nominal Damages as Vindication
Sadie Blanchard
December 1, 2022
Abstract. A recent Supreme Court decision inspired a resurgence of interest in an old mystery: How can nominal damages vindicate a plaintiff for past harm? The Court relied on the longstanding common law practice of entitling a plaintiff to sue for violation of her rights, even without…
.. Recent Articles ..
Recent Articles
Reverse Confusion and the Justification of Trademark Protection
Abstract. Theories of private law are dominated by welfarist normative frameworks, and trademark law is no exception. One such framework—the “search costs” theory associated with the Chicago School of law and economics—has long been the primary accepted justification for trademark rights. However...
Jeremy N. Sheff
Article III Lawmaking
Abstract. On the usual view, federal common law is judge-made by definition. Commentators and courts, of course, have long recognized the tension between judicial lawmaking and the Constitution’s scheme of separated powers. That concern is part of why federal common law governs only a few special...
Micah S. Quigley
The Fourth Amendment in the Age of Autonomous Vehicles
Abstract. Autonomous vehicles exist at the intersection of two extremely turbulent areas of Fourth Amendment jurisprudence—traffic stops and emerging technologies—and have implications for virtually every major search and seizure doctrine developed over the last century. Complicating matters even...
Tracy Hresko Pearl
Hugo Black and the Forgotten Role of Litigant Autonomy in New Deal Federalism
Abstract. This Article tells the lost origin story of a feature of civil procedure loathed by many progressives. That loathed feature is civil procedure’s “litigation individualism”—a term for the Supreme Court’s aggressive protection of each injured litigant’s autonomy over strategic choices...