A Fiduciary Theory of Judging

There are some fundamental questions of jurisprudence that have been with us from time immemorial. Cardozo started the modern conversation about the role of the judge in American democracy, but no one has been able to complete it. We have yet to uncover a satisfactory theory of judging that adequately accounts for the diverse, and […]

Maintaining Health Laboratories of Experimentation: Federalism, Health Care Reform, and ERISA

In this Comment, we demonstrate the ingenuity of San Francisco’s Health Care Security Ordinance and explain why local experimentation with health care solutions is an invaluable component of America’s ongoing efforts to solve the national health care crisis. We then analyze the Golden Gate Restaurant Association’s legal challenge to the Ordinance, which argues that the […]