This Article reports the findings of the largest and most comprehensive study to date of the
role qualified immunity plays in constitutional litigation. Qualified immunity shields …

I often say that when you can mea sure what you are speaking about, and express it in
numbers, you know some thing about it; but when you cannot mea sure it, when you cannot …

The Supreme Court's 2oo6 decision in eBay v. MercExchange is widely regarded as one of
the most important patent law rulings of the past decade. Historically, patent holders who …

This Chapter reviews research indicating that judges, like most adults, rely too heavily on
intuition while making important decisions. This tendency leaves them vulnerable to using …

In recent years, many lawsuits have been filed by individuals seeking legal redress for
harms caused by the loss or theft of their personal information. However, very little is known …

Scholars have long sought to resolve whether and to what degree political actor diversity
influences the outputs of political institutions like legislatures, administrative agencies, and …

This is the story of Jones v. Gelb. 1 Antonio Jones alleged that a corrections officer used
pepper spray on him multiple times while Mr. Jones was already subdued; he was seated on …

Agencies possess enormous regulatory discretion. This discretion allows executive branch
agencies in particular to insulate their decisions from presidential review by raising the costs …

In 2007, the Supreme Court issued its opinion in Bell Atlantic Corp. v. Twombly, 1 sending"
shockwaves" through the federal litigation bar. 2 Seemingly without prior warning,'the Court …

Practice makes perfect-the old adage promises that the more you prac-tice, the better you
will become. No doubt this logic holds for many endeavors, from playing the trumpet to …