Ensuring the accuracy and consistency of highly decentralized and discretionary decisionmaking is a core challenge for the administrative state. The widely influential school of “democratic experimentalism” posits that peer review—the direct and deliberative evaluation of work product by peers in the discipline—provides a way forward, but systematic evidence remains limited. This Article provides the first…
Certification mark law—a branch of trademark law—itself enables consequences that undermine the law’s own goals through inadequate regulation or oversight. Because the law allows certification standards to be kept vague, high-level, and underdeveloped, a certifier can choose to exclude certain businesses inconsistently or arbitrarily, even when those businesses’ goods or services would seem to qualify…
Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This…
When the Supreme Court heard argument in City & County of San Francisco v. Sheehan in the spring of 2015, it intended to resolve a circuit split. In granting certiorari, the Court planned to clarify whether individuals with disabilities can sue police officers under the ADA if an officer fails to accommodate a disability in the…
The Supreme Court’s recent decision in Riley v. California held that cell phones cannot be subject to warrantless searches incident to arrest, a strong statement that digital devices are entitled to the protections of the Fourth Amendment. But the opinion leaves many questions unanswered. One of the most important is what expectation of privacy individuals…
