Goldberg v. Kelly and its progeny imposed a judicial model for decisionmaking on much of the administrative state. The linchpin of procedural due process was accuracy: Goldberg’s premise was that agencies could improve the accuracy of their decisionmaking by giving individuals the sort of procedural rights enjoyed in court. In the wake of the due…
The law of slavery is still good law. In the twenty-first century, American judges and lawyers continue to cite case law developed in disputes involving enslaved people. These cases provide law for a wide variety of subject areas. Judges cite slavery to explicate the law of contracts, property, evidence, civil procedure, criminal procedure, statutory interpretation,…
Commercial warnings and disclosures, from cigarette warnings to nutrition labels, have long been staples in the government’s regulatory toolkit. But the constitutional status of such warnings and disclosures appears to be unsettled after National Institute of Family and Life Advocates v. Becerra (NIFLA). The Supreme Court’s analysis in NIFLA relied in part on the Zauderer…
