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Equity’s Constitutional Source

piece, including Russell C. Bogue, Daniel A. Mejia-Cruz, and many others. Any errors are my own. Introduction Equity lives. Despite generations of

Forum: Hayek Goes to Family Court

family law. I do not argue that Hayek’s framework is the “golden and streight metwand” against which family-law theory and practice must be assessed

Forum: The Majoritarian Difficulty

drafting of the Constitution itself, James Wilson had proposed that a small group of senators who picked a “golden ball” out of a set of balls equal to

The First Patent Litigation Explosion

reaction water wheel in the 1820s and obtained a patent for their invention in 1829. The wheel provided superior power generation, and its use spread

Stuck! The Law and Economics of Residential Stagnation

classic of all American stories. We fled England in pursuit of freedom from religious persecution by the British. We moved north in the Great Migration. “Go

How To Trim a Christmas Tree: Beyond Severability and Inseverability for Omnibus Statutes

however, cited the state courts’ practice of judicial review as a model for the federaljudiciary. One can infer that members of the Founding generation

Probate Lending

knowledge about probate lending is glaring. Because the death of the baby boom generation will funnel $59 trillion through the succession process in the

Self-Help and the Separation of Powers

” that had developed organically to supplement (or replace) the canonical document. A generation ago, commentators such as Jesse Choper, Louis Henkin, and