Judicial Independence Under Attack: A Theory of Necessity
Did the longest government shutdown in United States history this past winter constitute a severe threat to a functioning and… Continue reading →
Essay
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The Bankruptcy Firm
Bankruptcy scholars spend too much time thinking about distributional norms and not enough assessing the impact of bankruptcy rules on… Continue reading →
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PHH Corporation v. Consumer Financial Protection Bureau: Financial Fairness and Administrative Anxiety
In PHH Corporation v. Consumer Financial Protection Bureau, the D.C. Circuit upheld the constitutionality of the Consumer Financial Protection Bureau’s… Continue reading →
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Following the Letter of the Law Into Absurdity: Why the Supreme Court’s Severability Rule Does Not Preclude Determining an Arbitration Provision’s Enforceability Under the Law Supplied by an Agreement’s General Choice-of-Law Clause
A new hire signs an employment agreement. The agreement contains an arbitration provision. Embedded in the arbitration provision is a… Continue reading →
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Rogue Retailers or Agents of Necessary Change? Using Corporate Policy as a Tool to Regulate Gun Ownership
The tragedy of the Parkland, Florida high school shooting shocked the nation and sent thousands of student protestors out of… Continue reading →
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The Disparate Impact Canon
In early January, the U.S. Supreme Court heard oral argument in Husted v. A. Philip Randolph Institute. The case presented… Continue reading →
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Lessons from DataRescue: The Limits of Grassroots Climate Change Data Preservation and the Need for Federal Records Law Reform
Shortly after Donald Trump’s victory in the 2016 Presidential election, but before his inauguration, a group of concerned scholars organized… Continue reading →
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Avoiding the Prisoner’s Dilemma: Refining the Bruton Rule to Resolve the Split Over Neutral Term Substitution
Imagine three men—Alex, Brian, and Chris—who rob and kill a young woman in the parking lot of a Pennsylvania shopping… Continue reading →
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Auditing Algorithms for Discrimination
As reliance on algorithmic decisionmaking expands, concerns are growing about the potential for arbitrary, unfair, or discriminatory outcomes in areas… Continue reading →
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The Unicorn Governance Trap
This Essay highlights emerging governance problems presented by persistent Unicorns. It argues that recent market trends and deregulatory reforms have… Continue reading →