Judicial decisions of public courts increasingly are based on" contract procedure," private
rules of procedure that the parties draft and assent to before a dispute even has arisen …

This Essay, wri//enfor afestschrf celebrating/he career and conribuions of Slephen Burbank,
grapples wi/h/he proceural impli aio. of/he. s/eay adzance of digi/al legal/noie., or" legal l …

There is widespread concern among scholars, court actors, and policy makers that the
number of pro se litigants is increasing. However, we have little empirical evidence of the …

The pandemic has been a potent disruptor of the American legal system. Yet, as with so
many other aspects of American life, COVID-19 was most powerful as an accelerant of …

In May 2021, the American Law Institute approved the Restatement (Third) of Torts:
Intentional Torts to Persons, a project on which one of us served as Associate Reporter and …

Patent Office power has grown immensely in this decade, and the agency is wielding its
power in predictably troubling ways. Like other agencies, it injects politics into its decisions …

Unrepresented litigants make up a sizable and normatively important chunk of civil litigation
in the federal courts that merit further study. In recent years, more than a quarter of …

When mediation places decision-making power in the hands of lay disputants it raises
troubling issues. Can justice be delivered without judicial assistance? What is the effect on …

In the course of fundamentally reshaping the law on punitive damages, 1 the Supreme Court
came to accept the rhetoric that punitive damages are" out of control." 2 This view justified …

New digital technologies, from AI-fired'legal tech'tools to virtual proceedings, are
transforming the legal system. But much of the debate surrounding legal tech has zoomed …