Introduction Does textualism promote or protect equality?[1] For over two decades, important voices within the textualism literature have suggested that it does. Most notably, leading textualist scholar Professor John Manning articulated the view as far back as 2003 that textualism may uniquely protect the rights of “political and other minorities”—and that it can (and ought […] Continue Reading >
How the Gentry Won: Property Law’s Embrace of Stasis
How the Gentry Won: Property Law’s Embrace of Stasis
Introduction “We used to make shit in this country, build shit.”[1] When people say things like this—and they do frequently—they are generally talking about a decline in manufacturing output or infrastructure investment in America.[2] But one can tell a similar story about American property law. We used to have a system of property law and […] Continue Reading >
Introduction Alfred Gilmore drowned when the ship on which he worked sank off the coast of Virginia in 1903.[1] His father, Primus Gilmore (and seven other plaintiffs whose decedents died in the accident), sued the ship’s corporate owners.[2] The company was found liable, and the court ordered a commissioner to calculate and recommend the damages […] Continue Reading >
How the Gentry Won: Property Law’s Embrace of Stasis
Divided but Not Detached: Why Agency Theory Prevents Arbitration of FCA Qui Tam Actions Without Government Consent
Introduction “[E]ach party expressly waives any right, including without limitation the right to trial by jury, it might have to seek redress in any federal, state[,] or local court or other forum . . . .”[1] This was the arbitration clause embedded in the student-enrollment agreement to attend the Miami–Jacobs Business College—a nonnegotiable agreement that all students must […] Continue Reading >
Introduction Consider the following scenario: A nurse faces a licensing revocation hearing before Florida’s Division of Administrative Hearings (DOAH). The licensing board offers a damning piece of evidence—an email from a coworker stating that the nurse smelled of alcohol and appeared intoxicated on the job. The coworker, however, is unavailable to testify. The nurse’s attorney […] Continue Reading >