Recent blog posts
Note Arguing That the Three Strikes Rule Should Not Be Applied Outside of the Prisoner Litigation Context Based upon Historical Practice and Canons of Statutory Interpretation.
Note Arguing That Originalists Should Faithfully Champion a Robust Rule of Lenity Because It Is the View Best Supported by the Constitution and Reflected in Historical Practice.
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Articles Thank you for that kind introduction and for inviting me to speak. My topic for tonight is modesty in originalism, which repeats a theme from my first visit to...
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Articles As federal antitrust enforcement has adopted its most aggressive stance in decades, the fate of billions of dollars’ worth of economic activity rests on a few short statutory phrases enacted...
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Articles This Article examines the law of en banc review in the federal courts of appeals. It explores key doctrinal questions and advances a theory that maintains the primacy of...
The Supreme Court concluded in TransUnion LLC v. Ramirez that a plaintiff may not sue to collect statutory damages under a statute such as the Fair Credit Reporting Act simply...
In the wake of Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, affirmative action proponents should pursue a First Amendment approach. Private universities, which are speaking...
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Florida Law Review Forum An Essay Complementary to a Full-Length Article to be Published in the September 2025 Issue of the Florida Law Review
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Florida Law Review Forum A Response to Professor Chapman's Fair Notice, the Rule of Law, and Reforming Qualified Immunity
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Florida Law Review Forum A Pragmatic Litigation Strategy in the Face of Wealth-Based Detention Policies
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Notes When the potential for a circuit split arises, courts face competing values in determining the best course of action. A circuit may strive to balance consistency, predictability, uniformity...