Yale Law Journal - 2009
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The federalism challenges of impact litigation by state and local government actors.
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The president and immigration law.
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Proposing a place for politics in arbitrary and capricious review.
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Applying the absolute priority rule to nonprofit enterprises in bankruptcy.
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How Planned Parenthood v. Casey (pretty much) settled the abortion wars.
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INA section 242(g): immigration agents, immunity, and damages suits.
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Government in opposition.
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Making up for lost time: a bright-line rule for equitable tolling in immigration cases.
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Interrogation's law.
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'TRAP'ing Roe in Indiana and a common-ground alternative.
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Disastrously misunderstood: judicial deference in the Japanese-American cases.
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Gangs in the military.
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From choice to reproductive justice: de-constitutionalizing abortion rights.
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The case for symmetry in creditors' rights.
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Our imperial criminal procedure: problems in the extraterritorial application of U.S. Constitutional law.
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When the interests of municipalities and their officials diverge: municipal dual representation and conflicts of interest in (section) 1983 litigation.
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Debunking Blackstonian copyright.
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Fantasy liability: publicity law, the First Amendment, and fantasy sports.
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The law of describing accidents: a new proposal for determining the number of occurrences in insurance.
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Introduction: the constitutional law and politics of reproductive rights.
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The classic rule of faith and credit.
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Preemption and privacy.
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A case for varying interpretive deference at the state level.
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The casualty of investor protection in times of economic crisis.
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Privatizing democracy: promoting election integrity through procurement contracts.
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Presidential power over international law: restoring the balance.
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Created in its image: the race analogy, gay identity, and gay litigation in the 1950s-1970s.
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Original jurisdiction deadlocks.
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Property as process: how innovation markets select innovation regimes.
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Olmstead v. L.C. and the Voluntary Cessation Doctrine: toward a more holistic analysis of the 'effectively working plan'.
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Federalization in information privacy law.
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Corruption in our courts: what it looks like and where it is hidden.
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Constructive notice under the Family and Medical Leave Act.
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The constitutional power to interpret international law.
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Taxing unreasonable compensation: (section) 162(a)(1) and managerial power.
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Racial classification in assisted reproduction.
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In defense of property.
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Optimizing dual agency review of telecommunications mergers.
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Childbearing, childrearing, and Title VII: parental leave policies at large American law firms.
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Suspension as an emergency power.
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Medellin and the future of international delegation.
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Popular constitutionalism, civic education, and the stories we tell our children.
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Neither a customer nor a subscriber be: regulating the release of user information on the World Wide Web.
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Uncooperative federalism.
