There's a TV App For That: Putting the “Neutral” Back in Net Neutrality for the App-Based Television Future
In 2013, Netflix became the first non-TV network to win an Emmy. Did this event signal the beginning of the… Continue reading →
2015
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The Future of Government-Mandated Health Warnings After R.J. Reynolds and American Meat Institute
Government‐mandated disclosures and warnings aimed at promoting public health are ubiquitous. Alcoholic beverage labels bear government warnings against alcohol consumption… Continue reading →
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Officiating Removal
For the last several years, the Commonwealth of Pennsylvania has quietly attempted to curtail capital defendants’ representation in state postconviction… Continue reading →
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Distinguishing Bildisco in Municipal Bankruptcy: Why the Business Judgment Standard Should Apply to CBA Rejection in Chapter 9
Courts and scholars analyzing Chapter 9 of the Bankruptcy Code have been erroneously applying the Supreme Court’s opinion in NLRB… Continue reading →
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The Law of Evidence and the Practice of Theory
Theoretical inquiries into the nature and functions of legal doctrine typically focus on adjudication. These inquiries explore, for example, whether… Continue reading →
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Legal Realism and the Conflict of Laws
What did legal realism bring to the conflict of laws? Why was the realist critique of the received wisdom so… Continue reading →
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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 →
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The Long Shadow of Doctrine
This Symposium presents an imagined conflict and then a puzzle. The conflict dates back to the 1930s, when American Legal… Continue reading →
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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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Two Timing the Law
Imagine a benighted student of the law, devoted to attaining a secure professional qualification by learning the rules and passing… Continue reading →