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 →
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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 →
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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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Calvin’s Case and Birthright Citizenship
Introduction Donald Trump’s executive order ending birthright citizenship for the children of unlawfully present “aliens” raises serious constitutional questions. Current… 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 →