Spirit
The Founders were not textualists. The letter of the law mattered quite a bit. But, as William Blackstone noted, interpretation… Continue reading →
Volume 173 (2024-2025)
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The Oath of Office: A Pillar of the Rule of Law
Keynote Speech Thank you for inviting me to be the keynote speaker at the University of Pennsylvania Law Review’s Annual… Continue reading →
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A Catalyst for Reform: Charting a Future for Orphan Drug Exclusivity
Forty years after the passage of the Orphan Drug Act, the Catalyst Pharmaceuticals v. Becerra decision has ignited debate over… Continue reading →
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You Should See “The Other Person”: Redacted Codefendant Confessions in Light of Samia v. United States
Introduction The Confrontation Clause of the Sixth Amendment guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right… Continue reading →
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Some Realism About Criminal Justice Localism
The American criminal justice system is, by any conceivable measure, highly decentralized—with thousands of local police departments, local prosecutors’ offices,… Continue reading →
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Lessons in Climate Derisking: The United States’ Failed Nuclear Renaissance
Ameliorating climate change depends centrally upon transforming the energy system to run on clean energy. In turn, this transformation requires… Continue reading →
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Control and its Discontents
A series of recent Delaware decisions highlights the Delaware courts’ growing skepticism toward corporate actions in controlled companies. We analyze… Continue reading →
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Absolute Priority, Relative Priority, and Valuation Uncertainty in Bankruptcy
Bankruptcy reformers advocate substituting relative priority for the prevailing absolute priority standard to promote a more consensual restructuring process. In… Continue reading →
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What is Habeas?
The debate about post-conviction habeas for state prisoners is long-running, heated, and conceptually hazy. A majority of the Court is… Continue reading →
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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 →