Property and the New Doctrinalism: Comment
A colleague of mine has a simple piece of advice for any student planning to write on a private law… Continue reading →
Search results for: “Article”
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Some Skepticism About Skepticism: A Comment on Katz
Several different, if related, questions are swirling about in this fascinating and wide‐ranging symposium. One question asks whether “law” is… Continue reading →
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Things Left Unsaid, Questions Not Asked
The University of Pennsylvania Law Review’s symposium on executive discretion is an important undertaking, but it is remarkable for several… Continue reading →
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Catch Rule 22: When Interpleader Actions Violate Statutory and Constitutional Diversity Jurisdiction Requirements
Since the time of the Founding, actions in strict interpleader have allowed parties in possession of a fund or other… Continue reading →
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Nondelegation Doctrine in Comparative Context: Britain’s Great Repeal Bill and the Shadow of Henry VIII
In their recent article, Keith Whittington and Jason Iuliano marshal considerable evidence for the proposition that the nondelegation doctrine is… Continue reading →
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Is the Staggered Board Debate Really Settled?
The debate over staggered boards is heating up, largely because of the appearance of novel studies—including our own prior research—that… Continue reading →
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The Prudential Third-Party Standing of Family-Owned Corporations
On November 26, 2013, the Supreme Court agreed to decide whether for‐profit corporations or their shareholders have standing to challenge… Continue reading →
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Making Sense of Section 2: Of Biased Votes, Unconstitutional Elections, and Common Law Statutes
This Article develops a fresh account of the meaning and constitutional function of the Voting Rights Act’s core provision of… Continue reading →
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Helping Innocent Defendants in High-Stakes Cases
Professor Thomas proposes an even more radical change of our system that that presented by Bowers’ article—where specially-appointed magistrates, deemed… Continue reading →
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Guilty Pleas and Submarkets
Professor Wright believes that, instead of viewing “defendants” and “prosecutors” as parts of one global market, it would do better… Continue reading →