By Hon. Ruth Bader Ginsburg. Full text here.

By Margaret H. Lemos & Alex Stein. Full text here. Doctrine and scholarship recognize two basic models of enforcing the law: the comprehensive model, under which law enforcers try to apprehend and punish every violator within the bounds of feasibility; and the randomized model, under which law enforcers economize their efforts by apprehending a small number…

By Hon. Richard D. Cudahy & Alan Devlin. Full text here. Despite receiving thorough analytic treatment from the judiciary and academy, and notwithstanding its sophisticated doctrine, antitrust law remains dogged by a profound incongruity, for precisely what the law condemns remains elusive. Certainly, there is widespread agreement that the antitrust laws exist to promote some…

By Jeffrey A. Meyer. Full text here. Scores of federal criminal and civil statutes are “geoambig­uous”—they do not say whether they apply to conduct that takes place in foreign countries. This is a vital concern in an age of exploding globalization. The Supreme Court regularly cites a “presumption against extraterritoriality,” but just as often overlooks it…

By David Zaring. Full text here. Although the Administrative Procedure Act (APA) in theory regulates government policymaking, the agency that is both among the oldest and, as the financial crisis has revealed, one of the most important, does not play by its rules. The Treasury Department is rarely sued for its administrative procedure, makes fewer rules than…