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 →
Issue 1
-
-
The “Equity of the Statute” and Copyright Law: Three Critiques
In their ambitious Article, Shyam Balganesh and Gideon Parchomovsky seek to make sense of the Supreme Court’s recent copyright jurisprudence.… Continue reading →
-
Comptroller v. Wynne: Internal Consistency, a National Marketplace, and Limits on State Sovereignty to Tax
On November 12, 2014, the U.S. Supreme Court heard oral argument in Comptroller of the Treasury v. Wynne. The case,… Continue reading →
-
King v. Burwell and the Validity of Federal Tax Subsidies Under the Affordable Care Act
Set for oral argument on March 4, 2015, King v. Burwell brings to the Supreme Court yet another challenge to… Continue reading →
-
The Duryodhana Dilemma: United States v. A 10th Century Cambodian Sandstone Sculpture and a Proposed Code of Ethics-Based Response to Repatriation Requests for Auction Houses
On March 24, 2011, Sotheby’s New York unexpectedly removed its showcase lot, the Duryodhana, from its Indian & Southeast Asian… Continue reading →
-
Pro Se Paternalism: The Contractual, Practical, and Behavioral Cases for Automatic Reversal
Johnnie Cochran, Robert Shapiro, and F. Lee Bailey all became famous as criminal defense attorneys. Television dramas depicting the high-stakes… Continue reading →
-
Old Statutes, New Problems
Congress is more ideologically polarized now than at any time in the modern regulatory era, which makes legislation ever harder… Continue reading →
-
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 →
-
Dodd-Frank Orderly Liquidation Authority: Too Big for the Constitution?
The Dodd–Frank Act, enacted in the wake of the U.S. financial crisis of 2007 to 2009, is the federal government’s… Continue reading →
-
New Regulations and Pending Cases
Do new regulations apply to pending cases? The question is simple, but the short answer is a lawyer’s favorite: “It… Continue reading →