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2
Article
77.2
Against Feasibility Analysis
Jonathan S. Masur
Assistant Professor of Law, The University of Chicago Law School
Eric A. Posner
Kirkland & Ellis Professor of Law, The University of Chicago Law School

Thanks to Emily Buss, Dan Cole, Adam Cox, David Driesen, Frank Easterbrook, Jake Gersen, Martha Nussbaum, Arden Rowell, Adam Samaha, Tom Ulen, Adrian Vermeule, Sasha Volokh, David Weisbach, and participants at a workshop at The University of Chicago Law School for helpful comments, and to Charles Woodworth for excellent research assistance.

Admiralty Law Cost-Benefit Analysis Law and Economics
2
Article
77.3
Reconsidering Murdock: State-Law Reversals as Constitutional Avoidance
Jonathan F. Mitchell
Assistant Professor of Law, George Mason University School of Law

Thanks to Michael Abramowicz, William Baude, A.J. Bellia, Stephanos Bibas, Frederic Bloom, Curtis Bradley, Mark Chenoweth, Eric Claeys, Brad Clark, Richard Epstein, Brian Fitzpatrick, Rick Garnett, Jack Goldsmith, John Harrison, John Inazu, Greg Jacob, Ashley Keller, Gary Lawson, Jason Mazzone, Tom Miles, Adam Mortara, Nelson Lund, Nicholas Quinn Rosenkranz, David Strauss, Eugene Volokh, and to workshop participants at George Mason University and the Virginia Junior Faculty Forum for comments.

Appellate Law Federalism State Law
2
Article
77.3
Preventive Adjudication
Samuel L. Bray
Executive Director, Stanford Constitutional Law Center, Stanford Law School

Thanks for helpful comments to Ittai Bar-Siman-Tov, Will Baude, Noa Ben-Asher, Brett Dakin, Elizabeth Emens, Robert Ferguson, Chad Flanders, Abbe Gluck, Jamal Greene, Adam Gustafson, Ranjit Hakim, Philip Hamburger, Joseph Landau, Jennifer Laurin, Henry Monaghan, Jessica Roberts, Bertrall Ross, Elizabeth Schneider, Henry Smith, James Stewart, Tracy Thomas, Andrew Varcoe, and workshop participants at Columbia Law School.

Courts Judicial Decision-Making Law and Economics
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Article
84 Special
The Forthrightness of Justice Scalia
Ryan J. Walsh
Chief Deputy Solicitor General, State of Wisconsin. The views expressed here are the author’s alone.

Justice Scalia was a frank man. Not only that, he was transparent.

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Article
84 Special
The Education of a Law Clerk, with Thanks to Justice Scalia
Andrew J. Nussbaum
The author graduated from The University of Chicago Law School in 1991, after which he clerked for then-Judge Ruth Bader Ginsburg on the DC Circuit, and then for Justice Scalia (October Term 1992), and is now a partner at Wachtell, Lipton, Rosen & Katz in New York.

One afternoon in the late spring of 1991, the home stretch of my law school career, the phone in The University of Chicago Law Review offices rang.

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Article
84 Special
Coots, Loons, and Civility
Taylor A.R. Meehan
Ms. Meehan is an attorney at Bartlit Beck Herman Palenchar & Scott LLP in Chicago. She graduated from The University of Chicago Law School in 2013 and served as one of Justice Scalia’s law clerks during his last term on the Court.

Justice Scalia visited the Law School in February 2012. He taught my constitutional law class—by “taught,” he said a few words about the Seventeenth Amendment and then fielded questions lobbed from the class about anything but the Seventeenth Amendment.

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Article
84 Special
Justice Scalia: Constitutional Conservative
Noel J. Francisco
47th Solicitor General of the United States and law clerk to Justice Scalia during the Supreme Court’s 1997 to 1998 Term. The views expressed here are the author’s alone.

When former President Ronald Reagan died in 2004, an outpouring of praise followed from across the political spectrum.

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84 Special
Some Reflections on Justice Scalia
Lillian R. BeVier
David and Mary Harrison Distinguished Professor Emerita, University of Virginia Law School.

I knew Justice Scalia for many years and considered him a generous friend. We were both great supporters of the Federalist Society and met frequently at Society events, but our longest and most interesting conversations usually happened when I called him to recommend students for clerkships, which I did quite often.

2
Article
77.4
On Law’s Tiebreakers
Adam M. Samaha
Professor of Law, The University of Chicago Law School

Thanks to Matt Adler, Douglas Baird, Omri Ben-Shahar, Lee Fennell, Barry Friedman, Jake Gersen, Aziz Huq, Dan Kahan, Saul Levmore, Anup Malani, Tom Miles, Richard McAdams, Rick Pildes, Eric Posner, Jennifer Rothman, and David Strauss for helpful conversations and comments on an earlier draft, and to workshop participants at Loyola Law School Los Angeles, The University of Chicago Law School, and New York University Law School’s Constitutional Theory Colloquium. The latter workshop had to be cut short, and dramatically so, but Rick Pildes and David Golove made sure that I benefited from the participants’ generous attention to the Article. Hanna Chung and Daniel Roberts provided excellent research assistance. Mistakes are mine.

Institutional Design Judicial Decision-Making Public Choice

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