Credit has become a significant institution within the American social safety net. Accordingly, “access to credit” talk pervades the current discourse of financial rights and equality for low-income communities. Indeed, in a rare point of convergence, both progressive and conservative accounts of optimal credit regulation for the working poor rest on the shared conviction that…
The modern death penalty presents a puzzle: Law and norms heavily constrain how U.S. jurisdictions impose death sentences, but not how they select death row inmates for executions. In this Article, I explain why this strange void persists, argue that its presence undermines equality, and offer workable institutional responses. In short, I advance a comprehensive…
Today’s public litigants are not citizens or individual taxpayers who, suffering no injury of their own, seek instead to stand for the public. Instead, they are states that have suffered financial injuries. In recent years, states have brought many high-profile public law cases against the federal government based upon financial injuries. State standing to sue…
Who lives, who dies, and who decides? For more than one hundred years, innovative pharmaceuticals have cured disease, prolonged life, and reduced human suffering. However, the social welfare benefits associated with pharmaceuticals come at increasingly steep costs. Millions of Americans are unable to afford lifesaving medications, leading to calls for reform at all levels of…
Medicare fraud costs this country billions of dollars a year and contributes to an ever-expanding debt. Conservatives want to cut spending on Medicare significantly, while liberals champion expanding Medicare. Finding common legislative ground between these positions has proven impossible. As a result, courts play an important role in pushing Medicare providers to stop defrauding the…
