NYU Law Review

This Article traces the emergence of text-centric theories of legal interpretation in the early nineteenth century amid an increasingly writing-based legal culture. While many scholars and judges associate textualism with the Founding period’s enactment of written constitutions and innovation in the separation of powers, this Article argues that the first “textualist” tur...

Over the last few decades, uniform rules have come to govern only a fraction of cases in state courts. Instead, pleading standards vary by case type, discovery limits hinge on amount in controversy, and rules !ex based on party type, representation status, and other factors. Quietly, tailored procedures have come to dominate state court civil litigation, impacting million...

After decades of moves towards trade liberalization, trade restrictions are back in vogue. The United States is raising tariffs, escalating tensions with trading partners, and has paralyzed the World Trade Organization’s dispute-settlement system. The continuation of adversarial actions seems assured, with both political parties indicating interest in defending against im...

Election administration in the United States is fragmented. Instead of having one uniform system, each state governs elections under distinct rules and hierarchies. Yet, one feature remains consistent among the !fty systems: Each is led by a “chief election official.” Though some states rely on boards, most vest this authority in a single person—what this Article calls a ...

Prices for consumer goods as wide-ranging and essential as groceries, over-the-counter drugs, and rental housing are now commonly set by automated algorithmic systems, which process enormous volumes of data to rapidly adjust prices in response to market conditions. Antitrust regulators have raised concerns that these systems can be used, intentionally or inadvertently, to...