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 →
Search results for: “Article”
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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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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 →
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High Tech Monopolies: Cutting the Gordian Knot With No-fault
Nascent Competitors and Antitrust Enforcement Regulation and Digital Platforms (“Digital Platforms”) are excellent articles. Both raise timely and extremely important problems… Continue reading →
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The In-between Places Where Children Are Socialized
Professor Rosenbury’s splendid article makes an important contribution to the field of family law by drawing our attention to the… Continue reading →
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Some Realism About Criminal Justice Localism
The American criminal justice system is, by any conceivable measure, highly decentralized—with thousands of local police departments, local prosecutors’ offices,… Continue reading →
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Default Procedures
In vast numbers of debt-collection cases, defendants never appear. Courts then routinely issue default judgments, often rubber stamping complaints with… Continue reading →
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What is Habeas?
The debate about post-conviction habeas for state prisoners is long-running, heated, and conceptually hazy. A majority of the Court is… Continue reading →
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The Sweep and Force of Section Three
Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion.… Continue reading →