Two developments frame this discussion: the demise of negotiated contracts as the
predicate to enforcing arbitration obligations under the Federal Arbitration Act and the …

One of the puzzles in the contemporary law of the federal courts is where an equitable cause
of action comes from. Surely it has to come from somewhere, for everyone recognizes the …

Over the past three decades, the Supreme Court has led a historicist revolution in equity
jurisprudence. In a series of decisions known as the" new equity" cases, the Court has …

The rule against advisory opinions has been described as" the oldest and most consistent
thread in the federal law of justiciability," 1 but its pedigree is doubtful. Discussions of the …

ABSTRACT Recent Supreme Court decisions have severely curtailed the reach of the Alien
Tort Statute (" ATS"), making it nearly impossible to hold multinational corporations …

The modem administrative state relies on a model of shared governance. Federal regulatory
regimes addressing a range of economic and social issues depend on the participation of …

Scholars examining the use of historical practice in constitutional adjudication have focused
on a few high-profile separation of powers disputes, such as the recent decisions in NLRB v …

I was not fortunate enough to have known Dan Meltzer well. I met Danny only a few times.
We had only the thinnest of correspondence. Of his sterling reputation as a human being, I …

One of the most pervasive and important debates in federal courts jurisprudence is over the
role that history should play in interpreting Article III of the United States Constitution. To that …

" Courts of justice are universally acknowledged to be vested, by their very creation, with
power to impose silence, respect, and decorum, in their presence, and submission to their …