On the Limits of Consent
If agreement is what makes an obligation binding, what happens at the edges — where consent is assumed, inherited, or manufactured?
Writing
Law
Precedent as a Form of Memory
Common law systems remember by deciding. That makes the archive of decisions something more than a record.
What Federalism Was For
Dividing power between levels of government was a solution to a specific problem. It is worth asking whether that problem is still the one we have.
The Rule of Law Is Not a Synonym for Order
A regime can be perfectly orderly and still fail every test the phrase was meant to impose.
Against Tidy Categories
The distinctions that organise a field are also the ones that decide, in advance, which questions can be asked in it.
Rights, Remedies, and the Gap Between Them
A right with no remedy attached is a claim about how things ought to be, not a description of how they are.