Debt Tokens
The worlds of crypto and bankruptcy have collided. Once-prominent, fast-growing, and even politically influential platforms for trading cryptocurrencies have imploded… Continue reading →
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Prosecuting Families
Hundreds of thousands of parents are prosecuted in the family regulation system each year. Their cases are investigated by family… Continue reading →
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Spirit
The Founders were not textualists. The letter of the law mattered quite a bit. But, as William Blackstone noted, interpretation… Continue reading →
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Some Realism About Criminal Justice Localism
The American criminal justice system is, by any conceivable measure, highly decentralized—with thousands of local police departments, local prosecutors’ offices,… Continue reading →
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Lessons in Climate Derisking: The United States’ Failed Nuclear Renaissance
Ameliorating climate change depends centrally upon transforming the energy system to run on clean energy. In turn, this transformation requires… Continue reading →
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Control and its Discontents
A series of recent Delaware decisions highlights the Delaware courts’ growing skepticism toward corporate actions in controlled companies. We analyze… Continue reading →
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Absolute Priority, Relative Priority, and Valuation Uncertainty in Bankruptcy
Bankruptcy reformers advocate substituting relative priority for the prevailing absolute priority standard to promote a more consensual restructuring process. In… Continue reading →
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What is Habeas?
The debate about post-conviction habeas for state prisoners is long-running, heated, and conceptually hazy. A majority of the Court is… Continue reading →
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Constitutional Theory and the Problem of Disagreement
For decades, constitutional theory has been haunted by the problem of disagreement: the reality that we are deeply divided on… Continue reading →
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Governing by Assignment
Although expertise is a pillar of public administration and administrative law, the government is increasingly missing experts. The U.S. federal… Continue reading →