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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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Presidential Signing Statements: A New Perspective
This Article offers a new perspective on Presidents’ use of signing statements. Following the dichotomy reflected in the literature, I… Continue reading →
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The Protean Take Care Clause
In simple but delphic terms, the Take Care Clause states that the President “shall take Care that the Laws be… 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 →
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The Third Bound
Conventions pervasively shape and constrain executive discretion and are an indispensable tool for understanding the issues discussed in the articles.… Continue reading →