The Constitutional Standing of Corporations
Are corporations “persons” with constitutional rights? The Supreme Court has famously avoided analysis of the question, while recognizing that corporations… Continue reading →
Search results for: “Article”
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A Tale of Two Studies: The Real Story of Terrorism Finance
I was pleased when I saw that the University of Pennsylvania Law Review had published a new article on terrorism… Continue reading →
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Star Athletica’s Fissure in the Intellectual Property Functionality Landscape
In a perverse twist, the Supreme Court’s 2017 Star Athletica copyright decision might have more significant effects on design patent… Continue reading →
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The Hidden Costs of Cliff Effects in the Internal Revenue Code
Cliff effects in the Internal Revenue Code trigger a sudden increase of federal tax liability when some attribute of a… Continue reading →
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Unbundled Bargains: Multi‐Agreement Dealmaking in Complex Mergers and Acquisitions
Why are some bargains memorialized in dozens of related agreements, rather than one definitive agreement? This Article uses mergers and… Continue reading →
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Foreign Affairs, Nondelegation, and the Major Questions Doctrine
Some of the Supreme Court Justices and scholars who support a reinvigoration of the nondelegation doctrine would allow for an… Continue reading →
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Major Questions About International Agreements
The Supreme Court’s recent expansion of the major questions doctrine has rocked administrative law, throwing into doubt executive agencies’ statutory… Continue reading →
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Beyond Coase: Emerging Technologies and Property Theory
In 1959, Ronald Coase published his landmark paper on the Federal Communications Commission (FCC) that would forever change the study… Continue reading →