Towards a Unified Theory of "Reverse-Erie"
A “reverse-Erie” problem arises when a state court is hearing a federal cause of action and confronts a situation in… Continue reading →
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Letters of Intent in Corporate Negotiations: Using Hostage Exchanges and Legal Uncertainty to Promote Compliance
Letters of intent (LOIs) are fundamental building blocks of many corporate transactions. Although their form and terms vary, LOIs are… Continue reading →
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To Benefit or Not to Benefit: Mutually Induced Consideration As a Test for the Legality of Unpaid Internships
Over the last fifteen years, unpaid internships have become a part of our generation’s psyche. You try to get into… Continue reading →
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Solar-Backed Securities: Opportunities, Risks, and the Specter of the Subprime Mortgage Crisis
Existing project financing structures utilizing the Investment Tax Credit (ITC) and depreciation benefits have helped spur growth in the solar… Continue reading →
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Music Piracy and Diminishing Revenues: How Compulsory Licensing for Interactive Webcasters Can Lead the Recording Industry Back to Prominence
This Comment suggests that Congress should amend the Copyright Act to ensure that promising new music-based technologies are able to… Continue reading →
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Confusing the Means for the Ends: How a Pro-Settlement Policy Risks Undermining the Aims of Title VII
When analyzing cases arising from disputes over Title VII settlements, courts often begin with the proposition that Congress intended to… Continue reading →
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Suboptimal Social Science and Judicial Precedent
The social sciences have developed dramatically over the last century in both breadth and sophistication. These disciplines offer systematic data… Continue reading →
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The State and the “Psycho Ex-Wife”: Parents’ Rights, Children’s Interests, and the First Amendment
On June 6, 2011, a judge in a small Pennsylvania county courthouse issued a custody order and started a firestorm.… Continue reading →
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The Property Matrix: An Analytical Tool to Answer the Question, “Is This Property?”
While it is easy for us to recognize a tangible object as property, we are less comfortable recognizing an intangible… Continue reading →