Non-economic damages (pain and suffering) are the most significant and variable components of liability.  Our survey of fifty-one U.S. jurisdictions shows wide heterogeneity in whether attorneys may quantify damages as time-units of suffering (per diem) or demand a specific amount…

This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by…

There are inadequate consumer protections from harmful medical billing practices that result in unavoidable, unexpected, and often financially devastating medical bills. The problem stems from the increasing costs shifting to patients in American health care and the inordinate complexity that…

The United States Constitution and forty-three state constitutions include a Speech or Debate Clause granting legislators a legal privilege for their legislative work. Although there is a well-developed body of federal Speech or Debate Clause law granting an absolute privilege…

Various arguments have been made to explain why public defenders continue to handle excessive caseloads: a lack of independence, organizational culture, or ethical blindness among them. All of these arguments are based on the idea that a public defender elects…

A circuit split has developed over the recognition of a de minimis exception for unlicensed sampling of copyrighted digital recordings. In 2005, the Sixth Circuit opted not to recognize a de minimis exception in this field in Bridgeport Music, Inc.…