Although James Madison envisioned that the separation of powers would encourage"[a]
mbition... counteract [ing] ambition," the dominant accounts contend that Congress and the …

There is a substantial literature on noncompete agreements and their adverse impact on
employee mobility and innovation. But a far more common restraint in employment contracts …

The US Supreme Court is famously the nation's top appellate court, but Article III also makes
the Court a trial court, giving it original jurisdiction over several categories of cases. One of …

When someone successfully sues a federal executive branch official for violating federal
law, the federal court's remedy, which can be a nationwide national government injunction …

Recent years have seen a substantial increase in the number of cases in which states sue
the federal government seeking nationwide injunctions, and in which courts award such …

Two controversies currently roiling the federal courts and federal courts scholarship are
whether and to what extent states have standing as plaintiffs in federal court, and when, if …

The conventional account of most US environmental regulation goes something like this:
cooperative federalism schemes accommodate state and federal interests while tapping into …

When should states have standing? In recent years, there has been an explosion in
literature on that question.'Yet, even today, there seem to be as many questions as answers …

Whether states have Article III standing is a question that has in recent years induced a
puzzling and nonstandard patterning of votes amongst the Justices of the Supreme Court. It …

Government power is divided between the states and federal government. States have
general government authority within their borders, while the federal government has only …