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Presidential Powers, Immunities, and Pardons

Special Counsel Robert Mueller is conducting an investigation into Russia’s interference in the 2016 presidential election and the possible coordination and cooperation with the Donald Trump presidential campaign. The investigation has raised numerous legal questions with serious political and legal implications. Chief among them is whether a sitting President can be indicted and prosecuted forContinue reading “Presidential Powers, Immunities, and Pardons”

How Ziglar v. Abbasi Sheds Light on Qualified-Immunity Doctrine

In 2011, a man was involved in a road rage incident on a public highway in New Mexico. Two women called 911 to report the man as a drunk driver who was swerving while driving. The women then drove close behind the man, keeping on their bright lights, until the man, feeling threatened, pulled overContinue reading “How Ziglar v. Abbasi Sheds Light on Qualified-Immunity Doctrine”

Ban the Black Box: Criminal Background Screening and the Information-Withholding Problem

Beverly Harrison worked for the city of Dallas, Texas, for twenty-eight years before she retired to devote more time to her grandchildren and her church. In 2013, Harrison took a job as a crossing guard for Dallas County Schools to supplement her retirement income. Eight days into her new role, Harrison was terminated. The cause?Continue reading “Ban the Black Box: Criminal Background Screening and the Information-Withholding Problem”

The Law of Identity Harm

Identity harm refers to the anguish experienced by consumers who learn that their efforts to consume in line with their personal values have been undermined by a company’s false or exaggerated promises about its wares. When broken, other-regarding “virtuous promises” about products (e.g., eco-friendly, responsible, fair-trade, cruelty free, conflict free) give rise to identity harmContinue reading “The Law of Identity Harm”

A Theory of Poverty: Legal Immobility

The puzzle of why the cycle of poverty persists and upward socioeconomic mobility is so difficult has long captivated scholars and the public alike. Yet with all of the attention that has been paid to poverty, the crucial role of the law, particularly state and local law, in perpetuating poverty is largely ignored. This ArticleContinue reading “A Theory of Poverty: Legal Immobility”

Patenting the Unexplained

It is a bedrock principle of patent law that an inventor need not understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But explaining how to make and use something without understanding how or why it works yields patents with uninformativeContinue reading “Patenting the Unexplained”