Author
Your Right to Look Like an Ugly Criminal: Resolving the Circuit Split Over Mug Shots and the Freedom of Information Act
Oct. 29, 2013—Your Right to Look Like an Ugly Criminal: Resolving the Circuit Split Over Mug Shots and the Freedom of Information Act
Seeing Through the Murky Vial: Does the FDA Have the Authority to Stop Compounding Pharmacies from Pirate Manufacturing?
Oct. 29, 2013—Seeing Through the Murky Vial: Does the FDA Have the Authority to Stop Compounding Pharmacies from Pirate Manufacturing?
The Chilling Effect and the Problem of Private Action
Oct. 29, 2013—The Chilling Effect and the Problem of Private Action
Tips for Capturing 2014 Federal Clerkships
Oct. 17, 2013—Tips for Capturing 2014 Federal Clerkships Carl W. Tobias
Revisiting the Meaning of Marriage: Immigration for Same-Sex Spouses in a Post-Windsor World
Oct. 17, 2013—Revisiting the Meaning of Marriage: Immigration for Same-Sex Spouses in a Post-Windsor World Scott Titshaw
Calling on Congress: Take a Page from Parliament’s Playbook and Fix Employment Discrimination Law
Oct. 9, 2013—Calling on Congress: Take a Page from Parliament’s Playbook and Fix Employment Discrimination Law William R. Corbett, Frank L. Maraist Professor of Law, LSU Law Center
General Jurisdiction, “Corporate Separateness,” and the Rule of Law
Sep. 26, 2013—General Jurisdiction, “Corporate Separateness,” and the Rule of Law Burt Neuborne, Inez Milholland Professor of Civil Liberties, New York University School of Law; Legal Director, Brennan Center for Justice
Jurisdictional Imputation in DaimlerChrysler AG v. Bauman
Sep. 26, 2013—Jurisdictional Imputation in DaimlerChrysler AG v. Bauman: A Bridge Too Far Linda J. Silberman, Martin Lipton Professor of Law, New York University School of Law
The Market for Preclusion in Merger Litigation
May. 23, 2013—The recent finding that corporate litigation involving Delaware companies very often takes place outside of Delaware disturbed the long-settled understanding of how merger litigation works. With many, even most, cases being filed and ultimately resolved outside of Delaware, commentators warn that the trend is a threat to shareholders, to Delaware, and to the integrity of...
Against Proportional Punishment
May. 23, 2013—The Supreme Court has held that pretrial detainees are presumed innocent and that their detention does not constitute punishment. If convicted, however, detainees usually receive credit at sentencing for the time they spent in detention. We reduce their punishment by time spent unpunished. Crediting time served conflicts with the commonly held view that punishment should...
Governing the Anticommons in Aggregate Litigation
May. 23, 2013—This Article argues that there is an “anticommons” problem in aggregate litigation. An anticommons occurs when the consent of too many owners is needed to use a resource at its most efficient scale. When many plaintiffs have similar claims against a common defendant, those claims are often worth more if they can be bundled up...
Patent Prior User Rights: What’s the Fuss?
May. 7, 2013—Patent Prior User Rights: What’s the Fuss? by Jacob Neu