Will Tax Reform Be Stable?
Stability is essential to any reform’s success, yet it is hardly guaranteed. This is particularly true in tax policy, where… Continue reading →
2017
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Implicit Bias as Social-Framework Evidence in Employment Discrimination
The role of implicit bias as evidence in employment discrimination claims continues to evolve, as does research attempting to explain… Continue reading →
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The Machine Author: What Level of Copyright Protection Is Appropriate for Fully Independent Computer‐Generated Works?
U.S. copyright law is grounded in a utilitarian philosophy: authors are granted a limited monopoly to incentivize production of original… Continue reading →
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Independent Directors and Controlling Shareholders
Independent directors are an important feature of modern corporate law. Courts and lawmakers around the world increasingly rely on these… Continue reading →
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Class Actions and the Counterrevolution Against Federal Litigation
“To a hammer, everything looks like a nail. And to a Court bent on diminishing the usefulness of Rule 23,… Continue reading →
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Priority Matters: Absolute Priority, Relative Priority, and the Costs of Bankruptcy
Chapter 11 of the Bankruptcy Code is organized around the absolute priority rule. This rule mandates the rank‐ordering of claims.… Continue reading →
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Jacobins at Justice: The (Failed) Class Action Revolution of 1978 and the Puzzle of American Procedural Economy
In 1978, top DOJ officials in the Carter Administration floated a revolutionary proposal that would have remade the consumer class… Continue reading →
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“A Radical Proposal”: The Multidistrict Litigation Act of 1968
One of the central stories in current procedural law is the recent and rapid ascendance of federal multidistrict litigation, or,… Continue reading →
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The Short Life and Long Afterlife of the Mass Tort Class Action
Modern class action litigation began in 1966, when the Federal Civil Rules Advisory Committee completed a revolutionary set of revisions… Continue reading →
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Evaluating NFL Player Health and Performance: Legal and Ethical Issues
This Article follows the path of a hypothetical college football player with aspirations to play in the National Football League,… Continue reading →