For years now, some have argued that if substantive due process prohibits disproportionately large punitive damages awards against major corporations, it also should stop courts from enforcing excessive contract damages against consumers. See Seana Valentine Shiffrin, Are Credit Card Late... Continue reading

As Gerard Magliocca noted in October, he and I are the only commentators who’ve taken the position that the courts ought to defer to the Senate’s view of its own recess in NLRB v. Noel Canning. Given that, I was... Continue reading

Is Noel Canning v. NLRB a classic separation-of-powers conflict between the Senate and the President, or a false controversy created by the House of Representatives, which has no business interfering with appointments? I argue the latter in a short essay... Continue reading

Chipotle is causing a stir with an evocative new video: A silent scarecrow working in a foodlike-substance factory grows dismayed by the treatment of animals while Fiona Apple croons a haunting reinterpretion of "Pure Imagination" from Charlie and the Chocolate... Continue reading

Interesting new piece in the Yale Law Journal Online reporting on eye-fixation experiments. Here's the abstract: This Essay examines three experiments that tracked eye fixations as participants reviewed home-loan disclosure forms. The experiments revealed confirmation biases in which participants read... Continue reading

Maybe this is slightly off-topic here, but I have an opinion piece up at The Huffington Post reacting to Attorney General Eric Holder's bombshell too-big-to-jail comments yesterday. If you haven't heard, Holder told the Senate Judiciary Committee that some banks... Continue reading

For those of you following the controversy over President Obama's recess appointments to the NLRB and the CFPB, Matthew Stephenson has an interesting essay in the current issue of the Yale Law Journal. Here's the abstract: It is generally assumed... Continue reading