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Enhance the Supreme Court minority’s procedural powers

Enhance the Supreme Court minority’s procedural powers

This is the sixth piece in a series on what I believe the court can, and should, do better.***On the Supreme Court, there are two primary numerical voting rules. Under the “Rule of Four,” it takes four votes to grant a petition for a writ of certiorari. Thus, less...

The Cyclospora Season Closed Yesterday With 17,180 Confirmed Cases, Two Deaths and a Fifty-State Count of 32,857. The Calendar Stopped. The Parasite Did Not, and Three States Have Already Stopped Publishing.

The Cyclospora Season Closed Yesterday With 17,180 Confirmed Cases, Two Deaths and a Fifty-State Count of 32,857. The Calendar Stopped. The Parasite Did Not, and Three States Have Already Stopped Publishing.

The cyclosporiasis season that CDC defines, May 1 through August 31, closed yesterday, August 31, 2026. It closes with 17,180 laboratory-confirmed cases of cyclosporiasis acquired in the United States, 922 hospitalizations and two deaths across forty-eight...

Tort Hierarchy in Reverse?

Tort Hierarchy in Reverse?

Every law student learns the same tidy hierarchy on day one of Torts. Negligence is harder to prove than strict liability, because strict liability does not require showing the defendant did anything wrong, only that the product itself was defective. And recklessness...

Tuesday Tips: New and Notable from SSRN

Tuesday Tips: New and Notable from SSRN

Stephen M. BainbridgeMerger Agreement Anomalies: A Case Study in Incomplete ContractsAbstract This article uses the ABA’s Private Target Mergers and Acquisitions Deal Points Study to interrogate a puzzle that I initially took for evidence of bad lawyering: the...