The Rise of The Sponsor-in-Possession and Implications for Sponsor (Mis)Behavior
Changes in the capital markets and developments in the law and judicial practice have shifted the balance of power in… Continue reading →
2024
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Policing the Police
Introduction Philadelphia has a police accountability problem. Its past—and present—is replete with examples of police engaging in egregious behavior with… Continue reading →
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“No One Else Was in the Room Where It Happened”
I. Setting the Stage In Lin Manuel-Miranda’s Hamilton, Aaron Burr sings the now iconic line: “No one really knows how the… Continue reading →
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Losing the Right to Counsel
Under the Sixth Amendment, a criminal defendant has both the right to counsel and the right to represent himself. These… Continue reading →
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IDEA’s Futility Exception
In March of 2023, the Supreme Court clarified the exhaustion requirement set out in the Individuals with Disabilities Education Act… Continue reading →
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The Law of Geographic Labor Market Inequality
How the law contributes to economic inequality is the subject of renewed attention, but the legal dimensions of geographic inequality… Continue reading →
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T.L.O. Goes Home
The Supreme Court has not addressed the relationship between searches by school administrators and a student’s Fourth Amendment rights in… Continue reading →
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Private Equity, Conflicts, and Chapter 11
Private equity has become a dominant force in distressed investing and Chapter 11 corporate reorganization. As a result, three new… Continue reading →
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Arbitration’s Unraveling
It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that… Continue reading →