Bondholders and Securities Class Actions
By James J. Park. Full text here. Prior studies of corporate and securities law litigation have focused almost entirely on cases filed by shareholder plaintiffs. Bondholders are thought to play little role in holding corporations accountable for poor governance that leads to fraud. This Article challenges that conventional view in light of new evidence that bond…
Continue ReadingNote: A Manageable Solution with Meaningful Results: Illuminating IRS Enforcement of § 501(c)(3)’s Prohibition on Political Intervention
By Julia D. Zwak. Full text here.
Continue ReadingNote: The Separate Spheres Ideology: An Improved Empirical and Litigation Approach to Family Responsibilities Discrimination
By Andrea L. Miller. Full text here.
Continue ReadingNote: Suppressing Evidence in Immigration Proceedings: The Need for a Lenient Egregiousness Standard and Rebellious Lawyering
By Mikaela A. Devine. Full text here.
Continue ReadingTruthiness: Corporate Public Figures and the Problem of Harmful Truths
By Ashutosh Bhagwat. Full text here. This paper is an invited response to Deven Desai’s article, Speech, Citizenry, and the Market: A Corporate Public Figure Doctrine.
Continue ReadingThe Death of Tax Court Exceptionalism
By Stephanie Hoffer & Christopher J. Walker. Full text here. Tax exceptionalism — the view that tax law does not have to play by the administrative law rules that govern the rest of the regulatory state — has come under attack in recent years. In 2011, the Supreme Court rejected such exceptionalism by holding that judicial…
Continue ReadingLaw at the End of War
By Deborah N. Pearlstein. Full text here. As the United States continues to withdraw troops from Afghanistan in the coming year, courts will increasingly face the task of interpreting the dozens of federal laws whose operation depends on the existence of war. The 2009 Military Commissions Act (MCA), for instance, makes offenses triable by military commission…
Continue ReadingLaw's Remarkable Failure to Protect Mistakenly Overpaid Employees
By Jim Hawkins. Full text here. Employers frequently make mistakes and overpay their employees. For instance, the federal government alone, which makes up only around 2% of the U.S. workforce, will likely overpay its employees by $2 billion this year. After discovering the error, employers often recoup the mistaken overpayments without the supervision of the courts…
Continue ReadingA Corporate Right to Privacy
By Elizabeth Pollman. Full text here. The debate over the scope of constitutional protections for corporations has exploded with commentary on recent or pending Supreme Court cases, but scholars have left unexplored some of the hardest questions for the future, and the ones that offer the greatest potential for better understanding the nature of corporate rights.…
Continue ReadingA Conversation Between Justice Ruth Bader Ginsburg and Professor Robert A. Stein
Transcript available here.
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