A Catalyst for Reform: Charting a Future for Orphan Drug Exclusivity
Forty years after the passage of the Orphan Drug Act, the Catalyst Pharmaceuticals v. Becerra decision has ignited debate over… Continue reading →
2025
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You Should See “The Other Person”: Redacted Codefendant Confessions in Light of Samia v. United States
Introduction The Confrontation Clause of the Sixth Amendment guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right… Continue reading →
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Some Realism About Criminal Justice Localism
The American criminal justice system is, by any conceivable measure, highly decentralized—with thousands of local police departments, local prosecutors’ offices,… Continue reading →
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Lessons in Climate Derisking: The United States’ Failed Nuclear Renaissance
Ameliorating climate change depends centrally upon transforming the energy system to run on clean energy. In turn, this transformation requires… Continue reading →
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Control and its Discontents
A series of recent Delaware decisions highlights the Delaware courts’ growing skepticism toward corporate actions in controlled companies. We analyze… Continue reading →
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Absolute Priority, Relative Priority, and Valuation Uncertainty in Bankruptcy
Bankruptcy reformers advocate substituting relative priority for the prevailing absolute priority standard to promote a more consensual restructuring process. In… Continue reading →
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What is Habeas?
The debate about post-conviction habeas for state prisoners is long-running, heated, and conceptually hazy. A majority of the Court is… Continue reading →
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Student Reputational Injury and the Speech First Cases
Is “fear to speak” a cognizable injury in fact under Article III of the U.S. Constitution? Modern standing doctrine provides… Continue reading →
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Presidential Disability and Mandatory Removal
Presidents often develop physical and mental impairments during their tenure in the White House. While certain impairments have a neutral… Continue reading →
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Trump v. United States and the Separation of Powers
Introduction Trump v. United States is a blockbuster decision that has been reviled and celebrated by different quarters of American… Continue reading →