Settling the Staggered Board Debate
We address the heated debate over the staggered board. One theory claims that a staggered board facilitates entrenchment of inefficient… Continue reading →
Search results for: “Article”
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Foreword: Bankruptcy’s New and Old Frontiers
This Symposium marks the fortieth anniversary of the enactment of the 1978 Bankruptcy Code (the “1978 Code” or the “Code”)… Continue reading →
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Making Sense of Immigration Law
In Making Sense of Immigration Law, Professor Cox continues his argument from Immigration Law's Organizing Principles that the distinction between… Continue reading →
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Bankruptcy’s Uneasy Shift to a Contract Paradigm
A generation ago, the Creditors’ Bargain theory provided the first comprehensive normative theory of bankruptcy. Not least of its innovations… Continue reading →
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The Unusual Man in the Usual Place
In The Unusual Man in the Usual Place, Professor Bowers supports his argument from Punishing the Innocent by individually addressing… Continue reading →
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Why We Should Stop Saying “The Founders”
One of the most valuable aspects of Jack Balkin’s new book, in my view, is the seriousness and attention it… Continue reading →
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Tailoring Discovery: Using Nontranssubstantive Rules to Reduce Waste and Abuse
The current system of discovery in the federal courts can produce enormous costs for both litigants and the court system.… Continue reading →
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Humanity and Law
In Law and Humanity, Michael Serota argues that legal scholarship and the humanities can and should complement each other. His… Continue reading →
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The Logic Of Experience: The Role Of History In Recognizing Public Rights Of Access Under The First Amendment
This Comment addresses this dearth in scholarship by identifying eight ways lower courts use history to analyze the experience prong… Continue reading →
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The Toxic Side Effects of Shareholder Primacy
In response to Barry E. Adler & Marcel Kahan, The Technology of Creditor Protection, 161 U. Pa. L. Rev. 1773… Continue reading →