The common law as central economic planning

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

Western Philosophies of Law: the Common Law

The City as a Law and Economic Subject

Americanization of the Common Law

Code Versus the Common Law

Lawrence Lessig called the most recent battle ‘‘Hollywood v. Silicon Valley,’’1 but one could just as well dub it ‘‘Code v. The Common Law.’’ The content industries’ latest efforts to re-calibrate the balance of copyright2 imply that the United States copyright system has reached a crisis that cannot be resolved under existing law. In particular, bills such as the Consumer Broadband & Digital T...