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The threshold question for all originalist methodologies concerns the original communicative content of the words of the Constitution. For too… Continue reading →

Among all of the contentious debates in education policy, perhaps none is as divisive as the one over private school… Continue reading →

In recent months, we’ve seen an unprecedented wave of testimonials about the serious harms women all too frequently endure. The… Continue reading →

After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the… Continue reading →

Stock‐market–driven short‐termism is crippling the American economy, according to legal, judicial, and media analyses. Firms forgo the R&D they need,… Continue reading →

Design stands out among intellectual property subject matter in terms of the extent of overlapping protection available. Different forms of… Continue reading →

We are in the midst of a revolution in financial markets, as cryptocurrencies based on blockchain technology promise a smart,… Continue reading →

The Bankruptcy Code deals first and foremost with the cash flow rights of the debtor’s various investors. The immediate cause… Continue reading →

A generation ago, the Creditors’ Bargain theory provided the first comprehensive normative theory of bankruptcy. Not least of its innovations… Continue reading →

Prior scholarship points to valuation disputes and valuation error as key drivers of Chapter 11 outcomes. Avoiding valuation disputes and… Continue reading →