This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy...

This article demonstrates the value of studying interactions in transnational business governance (TBG) and proposes an analytical framework for that purpose. The number of TBG schemes involving non-state authority to govern business conduct across borders has vastly expanded in a wide range of...

We explore the responsiveness of the Eisenhower administration and the Federal Housing Administration to the fair housing policy direction initiated by President Truman and culminating in the passage of the Fair Housing Act of 1968. Political and legal developments during the Truman presidency...

Millions of people each day log on to participate in "virtual worlds" where they can acquire virtual property, inhabit virtual spaces, and form lasting relationships with other virtual beings. Excited over the potential of a world without physical limitations, commentators extoll the numerous...

Currently, virtual world governance is the product of end user license agreements, contracts which attempt to provide a complete legal and enforcement system to the virtual world. This method of governance is flawed, however, and results in participant frustration. Alternative approaches that...

The dual crises facing legal education - the economic crisis affecting both the job market and the pool of law school applicants, and the crisis of confidence in the ability of law schools and the ABA accreditation process to meet the needs of lawyers or society at large - have undermined the...

A dramatic infusion of outside money has shaped legal theory over the last several decades, largely to the detriment of feminist theory. Nonetheless, the pervasive influence of this funding is largely ignored in scholarly discussions of legal theory. This denial helps reinforce the marginal...

In the Madisonian tradition of constitutional design, the foundation of a sustainable federalism is thought to be a scientifically precise balancing of national and subnational power. Experience shows, however, that national and subnational actors in highly diverse systems are capable of...

Redistricting reform during this cycle has pushed for greater transparency in redistricting, more public participation, the removal of redistricting from the hands of legislatures, and the design of more legitimate redistricting institutions and decision procedures. Reform efforts, however, are...

Some strands of queer theory have echoed conservative law-and-economics (neoliberalism) in criticizing feminism's turn to the state and to moral principle to solve problems of dependency and dominance. But on closer analysis, queer anti-statism and anti-moralism itself relies on and reinforces...