Ordinary Public Meaning & Habeas Power to Review State Convictions
Introduction Brown v. Allen affirmed habeas power to review constitutional errors tainting state criminal convictions, and it is the most… Continue reading →
Response
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Missing Decisions and the United States Court of Appeals for the Federal Circuit
Merritt McAlister’s Missing Decisions is an important contribution to our understanding of civil procedure, judicial decisionmaking, and the law itself. McAlister’s study… Continue reading →
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Is the Staggered Board Debate Really Settled?: A Coda
In Settling the Staggered Board Debate published in the University of Pennsylvania Law Review, we concluded that the staggered board is not in… Continue reading →
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Should Dissimilar Uses Of Trade Secrets Be Actionable?
Joseph Fishman and Deepa Varadarajan address a critical question in their new article, Similar Secrets: should trade secret law prohibit… Continue reading →
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Unique Risk and Bankruptcy Valuation
Professors Ayotte & Morrison argue in their recent article from Volume 167 of The University of Pennsylvania Law Review that “the use… Continue reading →
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How the U.S. Sentencing Commission Considers Retroactivity
In a recent Essay, Professor Litman and Mr. Beasley provide a detailed discussion of how they believe the U.S. Sentencing… Continue reading →
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The Decline of the Fish/Mammal Distinction?
The public/private distinction was “slain” in 1982. That year, at the Symposium of the University of Pennsylvania Law Review, Professor… Continue reading →
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Things Left Unsaid, Questions Not Asked
The University of Pennsylvania Law Review’s symposium on executive discretion is an important undertaking, but it is remarkable for several… Continue reading →
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Perverse Incentives, Cost‐Benefit Imbalances, and the Infield Fly Rule
(Photo: Joel Dinda/Flickr) Judge Andrew J. Guilford and Joel Mallord begin their manifesto against the Infield Fly Rule with an… Continue reading →