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Current Issue

Control and its Discontents

Jill E. Fisch & Steven Davidoff Solomon

A series of recent Delaware decisions highlights the Delaware courts’ growing skepticism toward corporate actions in controlled companies. We analyze these decisions, noting their application to what we term “new” control situations and the per se application of fiduciary duties and entire fairness to controllers.

Volume 173 Issue 3| 2025

ArticlePrintCorporate Law

Lessons in Climate Derisking: The United States’ Failed Nuclear Renaissance

Shelley Welton & Conor Harrison

We contend that far more direct public control over this infrastructural transformation is necessary to realize the scope of change that fundamental scientific imperatives demand. More immediately, we explore how the lessons that haunt nuclear power might be put to use in administering the IRA for maximum efficacy in achieving both its climate and broader social aims.

Volume 173 Issue 3| 2025

ArticlePrintClimate Change

You Should See “The Other Person”: Redacted Codefendant Confessions in Light of Samia v. United States

Danielle Moors

In this Comment, I argue that the Court’s holding in Samia fails to protect, and indeed threatens to dismantle, the confrontation right of criminal defendants in joint trials. Part I will trace the historical evolution of the Court’s Confrontation Clause jurisprudence, with attention to the essential role of cross-examination in the administration of fair trials. Part II will analyze the doctrinal basis for the Bruton rule and its sequels.

Volume 173 Issue 3| 2025

CommentPrintConstitutional Law

Some Realism About Criminal Justice Localism

Maria Ponomarenko

This Article argues that those who are concerned about mass incarceration and police misconduct should not be so quick to embrace the localist turn. Even if a more locally democratic system could potentially improve outcomes in the largest cities (and this, too, is uncertain), it is likely to make the situation considerably worse in the suburbs and small towns in which the vast majority of Americans actually live.

Volume 173 Issue 3| 2025

ArticlePrintCriminal Law

“Mistakes” In War

Oona A. Hathaway & Azmat Khan

This Article examines the law on “mistakes” in war. It shows that, while those responsible for “mistakes” are often not held accountable, there is significant evidence that certain “mistakes” are criminally culpable. It also shows that the law holds not just individuals, but also States, responsible for preventing certain “mistakes.”

Volume 173 Issue 1| 2024

ArticlePrint

A Catalyst for Reform: Charting a Future for Orphan Drug Exclusivity

Katie Cohen

This Comment explores the cascading effect that the clash between FDA and the Catalyst court has had, and could continue to have, by charting how these events have created doctrinal uncertainty—impacting the pharmaceutical industry, FDA, and federal courts.

Volume 173 Issue 3| 2025

CommentPrintReform

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