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Priority Matters: Absolute Priority, Relative Priority, and the Costs of Bankruptcy
Chapter 11 of the Bankruptcy Code is organized around the absolute priority rule. This rule mandates the rank‐ordering of claims.… Continue reading →
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“A Radical Proposal”: The Multidistrict Litigation Act of 1968
One of the central stories in current procedural law is the recent and rapid ascendance of federal multidistrict litigation, or,… Continue reading →
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The Value of the Right to Exclude: An Empirical Assessment
Property theorists have long deemed the right to exclude as fundamental and essential for the efficient use and allocation of… Continue reading →
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Class Action Notice in the Digital Age
Technology is advancing dramatically each year, reshaping our society in the process. Despite these rapid changes, however, many federal courts… Continue reading →
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Improving the Patent System by Encouraging Intentional Infringement: The Beneficial Use Standard of Patents
With the growing importance of intellectual property in the global economy, “patent infringement” has become a dirty phrase for patentees… Continue reading →
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On Mandatory Labeling, with Special Reference to Genetically Modified Foods
As a result of movements for labeling food with genetically modified organisms (GMOs), Congress enacted a mandatory labeling requirement in… Continue reading →
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Freedom of Information Beyond the Freedom of Information Act
The U.S. Freedom of Information Act (FOIA) allows any person to request any agency record for any reason. This model… Continue reading →
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Separation of Powers Legitimacy: An Empirical Inquiry into Norms About Executive Power
The continuing debate over the President’s directive authority is but one of the many separation‐of‐powers issues that have confronted courts,… Continue reading →
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The Judicial Role in Constraining Presidential Nonenforcement Discretion: The Virtues of an APA Approach
Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means… Continue reading →