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.  

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…

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…

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…

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.…

Transcript available here.

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. Professor Bhagwat’s response piece was scheduled to be published in Volume 98, Issue 3 of the print journal. Due to an editorial oversight, the piece did not go to print…

By Rebecca Tushnet. Full text here. Derek Bambauer’s provocative paper argues that, because the remedies available to people who suffer unconsented distribution of intimate images of themselves are insufficient, we should amend copyright law to fill the gap. Bambauer’s proposal requires significant changes to every part of copyright—what copyright seeks to encourage, who counts as an…