On Competence, Legitimacy, and Proportionality
I asked Justice Aharon Barak, then president of the Israeli Supreme Court, why he considered himself competent to decide where… Continue reading →
Essay
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Reconsidering Judicial Independence: Forty‐Five Years in the Trenches and in the Tower
The University of Pennsylvania Law Review Online presents the first installment of “Independent and Accountable Courts in Perilous Times: Perspectives… Continue reading →
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Considering Reconsidering Judicial Independence
The University of Pennsylvania Law Review Online presents the second installment of “Independent and Accountable Courts in Perilous Times: Perspectives… Continue reading →
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The Creditors’ Bargain Reconstituted: Comments on Barry Adler’s The Creditors’ Bargain Revisited
In his book, The Logic and Limits of Bankruptcy Law, Thomas Jackson asserts that bankruptcy law should approximate the bargain… Continue reading →
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Trolls & The Preemption Dilemma
Patent trolls account for most patent assertions and are often blamed for the increased costs of patent litigation. Congress and… Continue reading →
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Avoiding Legal Scrutiny: The U.S. Release of a Suspected ISIL Fighter to Avoid a Legal Challenge to the War on ISL
In September 2017, an American citizen known as John Doe, who had been fighting for ISIL in Syria, was turned… Continue reading →