Exploring the Limits of Contract Design in Debt Financing
In response to Barry E. Adler & Marcel Kahan, The Technology of Creditor Protection, 161 U. Pa. L. Rev. 1773… Continue reading →
Response
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What’s "Active Intermediaries" Got to Do with It?
In his Response to Professor Hurwitz, Professor Kang contests Hurwitz’s claim that active intermediaries are the dominant source of increasing… Continue reading →
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E-Sports As a Prism for the Role of Evolving Technology in Intellectual Property
In this Response to Professor Burk, I consider the ways in which IP law can address the IP questions raised… Continue reading →
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The Toxic Side Effects of Shareholder Primacy
In response to Barry E. Adler & Marcel Kahan, The Technology of Creditor Protection, 161 U. Pa. L. Rev. 1773… Continue reading →
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W(h)ither Bivens
While we agree with Vázquez and Vladeck on many points and have great admiration for their work, we disagree with… Continue reading →
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Catch-All Doctrinalism and Judicial Desire
In a provocative new article, Professors Carlos Vázquez and Stephen Vladeck suggest that courts dismiss Bivens claims because judges believe… Continue reading →
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Commandeering Information (And Informing the Commandeered)
The anti‐commandeering rule just hit its high point. Fifteen years after the Supreme Court last held a law unconstitutional under… Continue reading →
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Finding the Proper Measure for Conditions of Pretrial Confinement
Like Professor Struve, I would welcome courts’ adoption of a rigorous analytical approach to regulating the conditions under which pretrial… Continue reading →
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Fracking and Federalism Choice
To date, fracking discourse has focused on whether environmental protections under existing laws ought to be strengthened and whether the… Continue reading →
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Property’s Perspective (Or of Whom to be Jealous)
In tort litigation, the plaintiff compares her current situation to the reality she would have enjoyed if an injury had… Continue reading →