Should Dissimilar Uses Of Trade Secrets Be Actionable?
Joseph Fishman and Deepa Varadarajan address a critical question in their new article, Similar Secrets: should trade secret law prohibit… Continue reading →
2019
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The Creditors’ Bargain Reconstituted: Comments on Barry Adler’s The Creditors’ Bargain Revisited
In his book, The Logic and Limits of Bankruptcy Law, Thomas Jackson asserts that bankruptcy law should approximate the bargain… Continue reading →
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Trolls & The Preemption Dilemma
Patent trolls account for most patent assertions and are often blamed for the increased costs of patent litigation. Congress and… Continue reading →
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Avoiding Legal Scrutiny: The U.S. Release of a Suspected ISIL Fighter to Avoid a Legal Challenge to the War on ISL
In September 2017, an American citizen known as John Doe, who had been fighting for ISIL in Syria, was turned… Continue reading →
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Is the Staggered Board Debate Really Settled?
The debate over staggered boards is heating up, largely because of the appearance of novel studies—including our own prior research—that… Continue reading →
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Reconsidering Judicial Independence: Forty Years in the Trenches and in the Tower
The University of Pennsylvania Law Review Online presents the first installment of “Independent and Accountable Courts in Perilous Times: Perspectives… Continue reading →
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Considering Reconsidering Judicial Independence
The University of Pennsylvania Law Review Online presents the second installment of “Independent and Accountable Courts in Perilous Times: Perspectives… Continue reading →
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Dimensions of Delegation
How can the nondelegation doctrine still exist when the Court over decades has approved so many pieces of legislation with… Continue reading →
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Central Clearing Of Financial Contracts: Theory And Regulatory Implications
To protect economic stability, postcrisis regulation requires financial institutions to clear and settle most of their derivatives contracts through central… Continue reading →
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Presidential Constitutionalism and Marriage Equality
“Presidential constitutionalism” has a distinctive origin in the duties of the President laid out in the Constitution. This article will… Continue reading →