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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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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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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Our Administered Constitution: Administrative Constitutionalism From the Founding to the Present
Administrative constitutionalism can be defined broadly or narrowly. Defined most broadly, it refers to agencies’ role in constructing constitutional norms… Continue reading →
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New Look Constitutionalism: The Cold War Critique of Military Manpower Administration
By reconstructing the anxious, constitutional dialogue that shaped the administration of military manpower under President Eisenhower’s New Look, this Article… Continue reading →
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Administrative Constitutionalism as Popular Constitutionalism
In the debate about who controls the meaning of the Constitution, popular constitutionalism appears to be losing. Popular constitutionalist methods… Continue reading →