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The Hollowed Out Common Law

We measure the evolution of the common law using a comprehensive data set of cases regarding the enforceability of online consumer contracts. We find a steady decline in the number of cases adjudicated in state courts relative to federal courts, and...

Codification and the Hidden Work of Congress

This Article provides the first in-depth scholarly examination of the process by which enacted laws are organized and presented for public consumption, known as codification, a process that has mostly escaped the notice of judges and scholars of...

Ensuring Equal Access to the Mail-In Ballot Box

Abstract Mail voting has emerged as the top policy solution to voting amid the COVID-19 pandemic.  But not all mail voting schemes are created equal.  Implemented improperly, vote-by-mail can disproportionately disenfranchise many of the same voters...