Net Asset Value Financing and Private Equity
Introduction Although not yet explored in the legal scholarship, net asset value or “NAV” financing—debt generally taken out at the… Continue reading →
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Presidential Laws and the Missing Interpretive Theory
There is something missing in interpretive theory. Recent controversies—involving, for example, the first travel ban and funding for sanctuary cities—demonstrate… Continue reading →
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Communications Privacy for and by Whom?
Professor Orin Kerr has proposed an elegant new thought experiment in his piece, The Next Generation Communications Privacy Act. The… Continue reading →
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Tilting at Insider Trading Windmills
In Insider Trading via the Corporation, Professor Jesse M. Fried expresses his frustration that “when insiders are subject to strict… Continue reading →
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The Rise of The Sponsor-in-Possession and Implications for Sponsor (Mis)Behavior
Changes in the capital markets and developments in the law and judicial practice have shifted the balance of power in… Continue reading →
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Rescuing Antitrust’s Role in Patent Holdup
Standards, common platforms allowing products to work together, are ubiquitous in our economy. They allow consumers to know that their… Continue reading →
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Rescuing Antitrust’s Role in Patent Holdup
Standards, common platforms allowing products to work together, are ubiquitous in our economy. They allow consumers to know that their… Continue reading →
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Combining Constitutional Clauses
Some constitutional questions implicate multiple, overlapping provisions of the Constitution’s text. In resolving these questions, the Supreme Court typically addresses… Continue reading →
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Student Reputational Injury and the Speech First Cases
Is “fear to speak” a cognizable injury in fact under Article III of the U.S. Constitution? Modern standing doctrine provides… Continue reading →
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Clarifying Judicial Aggrandizement
Scholars argue that the Roberts Court has been engaged in a judicial “power grab.” Some scholars describe the Court as… Continue reading →