Cities in most states enjoy broad “home rule” authority—that is, the presumptive power to regulate a wide range of subjects. In many of these states, however, home rule comes with a catch: cities are prevented from interfering with “private law.” This Article argues that the “private law exception,” as this doctrine is known, is an…
This Article addresses the fundamental question of whether, as a matter of good policy, it is ever appropriate that a foreign issuer be subject to the U.S. fraud-on-the-market private damages class action liability regime, and, if so, by what kinds of claimants and under what circumstances. The bulk of payouts under the U.S. securities laws…
How much should judges be paid? We first survey the considerable history of the debate and identify the implicit causal claims made about the effect of judicial pay. We find that claims about the effect of pay on the composition and quality of the judiciary have remained remarkably similar over the past two hundred years.…
The Supreme Court’s recent decision in Wal-Mart Stores, Inc. v. Dukes made clear that Title VII can do little to address the problem of unintentional bias in employment decisions. This Note proposes a new legal solution to that problem: Congress should encourage firms to hire anonymously. The case for anonymous hiring—stripping resumes of all information…
