That the election for President in 2000 was decided by a court surprised everyone. That the
election was decided by a federal court was even more surprising. But, the fact that three …

The law of evidence today offers no escape from the federal-state choice-of-law questions
that pervade our federal system of dual sovereignty and concurrent jurisdiction.'Evidentiary …

Everyone agrees that courts must adhere to" clear" or" plain" text.'But what to do when a
statute is" ambiguous" or its meaning is otherwise uncertain? 2 Numerous legal doctrines …

Abstract The thesis of Professor William Popkin's Statutes in Court: The History and Theory
of Statutory Interpretation is that a coherent theory of statutory interpretation depends upon …

This Article addresses an underexplored but critical aspect of the presumption against
extraterritoriality. The presumption against extraterritoriality-which the United States …

The recent effort of environmentalists and others to secure progressive social change at the
state level enacts a familiar ritual in the history of American federalism. Political actors who …

1. HENRY M. HART, JR. & ALBERT M. SACKS, THE LEGAL PROCESS: BASIC PROBLEMS
IN THE MAKING AND APPLICATION OF LAW 1169 (William N. Eskridge, Jr. & Philip P …

The explosion of commentary about statutory interpretation in the 1980s has left judges
without a common method for interpreting statutes. Text-, writer-, and reader-based …

Americans do not know what to think about unwritten constitutional law. On the one hand,
we know we have it, and we have had it for a very long time. Unwritten constitutional law did …

It was an academic bloodbath. Emboldened by the successes of likeminded reformists in
other areas of the law, a generation of choice-of-law firebrands rose up against their elders …