The Organs of U.S. Foreign Affairs
In United States v. Curtiss-Wright Export Corporation, the Supreme Court famously described the President as having “very delicate, plenary and… Continue reading →
2024
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Major Questions About International Agreements
The Supreme Court’s recent expansion of the major questions doctrine has rocked administrative law, throwing into doubt executive agencies’ statutory… Continue reading →
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Foreign Affairs, Nondelegation, and Original Meaning: Congress’s Delegation of Power to Lay Embargoes in 1794
Originalist proponents of a tougher nondelegation doctrine confront the many broad delegations that Congress enacted in the 1790s by claiming… Continue reading →
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Bruen and the Gun Rights of Pretrial Defendants
New York State Rifle & Pistol Association v. Bruen announced a novel constitutional test for gun regulation. This test requires gun… Continue reading →
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From Historical to Cutting-Edge: Equity Receiverships as a Tool to Resolve Mass Torts
Recent scholarship has paid significant attention to the strategic exploitation of Chapter 11 reorganization procedures by corporations seeking to circumvent… Continue reading →
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The Rise of Private Equity Continuation Funds
This Article provides the first comprehensive examination of an emerging practice within the private equity sector: continuation funds. Continuation funds… Continue reading →
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Government Misinformation Platforms
There is a harmful mismatch between how information published by the government is perceived—as highly trustworthy—and the reality that it… Continue reading →
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Defamation as Democracy Tort
New York Times v. Sullivan set a striking principle: without (nearly unobtainable) proof of “actual malice,” public officials cannot win… Continue reading →
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Choice of Law in Same-Sex Marriage
Introduction Marriage is all around us. While in many respects, marriage is an intimate relationship between individuals, it is also… Continue reading →
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Net Asset Value Financing and Private Equity
Introduction Although not yet explored in the legal scholarship, net asset value or “NAV” financing—debt generally taken out at the… Continue reading →