Could the SEC Save Basic Through Rulemaking?
Securities and Exchange Commission (SEC) Rule 10b‐5 forbids material misstatements or omissions in connection with the purchase or sale of… Continue reading →
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The Prudential Third-Party Standing of Family-Owned Corporations
On November 26, 2013, the Supreme Court agreed to decide whether for‐profit corporations or their shareholders have standing to challenge… Continue reading →
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"Reverse" Patent Declaratory Judgment Actions: A Proposed Solution for Medtronic
The United States Supreme Court has taken an interest in shaping patent law in recent years, deciding many important cases,… Continue reading →
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3-D Printing and Product Liability: Identifying the Obstacles
3‐D printers—with the capacity to make three‐dimensional solid objects from digital designs—have arrived. Home 3‐D printers are already affordable (some… Continue reading →
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In Memoriam – Arlen Specter: 1930‐2012
In this memoriam, Judge Jan E. DuBois of the United States District Court for the Eastern District of Pennsylvania remembers… Continue reading →
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The Incoherence of Marital Benefits
In United States v. Windsor, the Second Circuit reasoned (no doubt, correctly) that extending federal marriage benefits to all married… Continue reading →
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Article III Double-Dipping: Proposition 8’s Sponsors, BLAG, and the Government’s Interest
A major procedural question looms over the two marriage cases currently before the U.S. Supreme Court: Do the parties who… Continue reading →
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Do Boumediene Rights Expire?
In recent weeks, a dispute has developed between the Obama Administration and lawyers representing detainees housed at the U.S. facility… Continue reading →
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Prescriptive Jurisdiction, Adjudicative Jurisdiction, and the Ministerial Exemption
On January 11, 2012, the Supreme Court decided the first significant case of the October 2011 Term, Hosanna‐Tabor Evangelical Lutheran… Continue reading →
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The Hurricane Katrina Levee Breach Litigation: Getting the First Geoengineering Liability Case Right
In August 2005, Hurricane Katrina flattened the Gulf Coast from the Alabama border to 100 miles west of New Orleans.… Continue reading →