The substance-procedure dichotomy is a popular target of scholarly criticism because
procedural law is inherently substantive. This article argues that substantive law is also …

Congress increasingly has enacted cooperative federalism programs to achieve complex
regulatory policy objectives. Such programs combine the authority of federal regulators …

Code crashes. Yet for decades, software failures have escaped scrutiny for tort liability.
Those halcyon days are numbered: self-driving cars, delivery drones, networked medical …

With the passing of Chief Justice William Rehnquist, the task of analyzing and assessing the
historical importance of his tenure has acquired a new urgency and bracing sense of finality …

Commentators often assume that with the demise of Swift v. Tyson, the American legal
system has abandoned the very concept of" general" law. But while that concept no longer …

THERE has been no shortage of efforts to justify the common lawmaking powers of the
federal courts. In the course of these efforts, it is commonplace to underscore three features …

Courts and commentators have long struggled to reconcile prominent federalism doctrines
with the text of the Constitution. These doctrines include state sovereign immunity, the …

Since March of this year, some 100 delegates from the member nations of the European
Union have been meeting in Brussels to begin a" Convention on the Future of Europe." In …

That theory also has important implications for the future of sovereign immunity. The
Supreme Court's decision in Nevada v. Hall holds that state sovereign immunity need not be …

Federal common law is a puzzle. Despite Erie's declaration that"[t] here is no federal general
common law,"'well-established and stable pockets of federal common law persist in several …