The Architecture of Jurisprudence
121 Yale L.J. 2 (2011).Contemporary jurisprudence has been dominated by an unhelpful interest intaxonomy. A conventional wisdom has grown up around these projects. This Article, the first ina...
View ArticleMisalignments in Tort Law
121 Yale L.J. 82 (2011).In negligence law, the risks taken into account by courts when setting the standardof care are the same risks considered when imposing liability and awarding damages. I call...
View ArticleThe Principle of Misalignment: Duty, Damages, and the Nature of Tort Liability
121 Yale L.J. 142 (2011).When a tort rule is fully aligned, harms are valued equally across the elements.Because the valuation of harm within duty equals the valuation within the damages remedy, afully...
View ArticleThe “Other” Side of Richardson v. Ramirez: A Textual Challenge to Felon...
121 Yale L.J. 194 (2011).Section 2 of the Fourteenth Amendment allows states to disenfranchise citizens onaccount of “rebellion, or other crime” without reducing the size of the state’s delegation in...
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