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16 Aug 2023, 10:52 am
Greg Markel Gershon AkermanAs I noted in a prior post (here), in June, the U.S. [read post]
14 Aug 2023, 5:36 am
I. [read post]
13 Aug 2023, 6:00 am
I think the best initial approach to this idea is to place it in the context of a common-law system. [read post]
1 Aug 2023, 9:34 am
For those reasons, I strongly suspect this will not be the last we hear of this case. [read post]
31 Jul 2023, 10:50 am
L.J. 999 (2013). [read post]
25 Jul 2023, 7:39 am
I thought I'd pass along amicus brief that I submitted earlier this month in Doe v. [read post]
20 Jul 2023, 3:30 am
Naomi Cahn, Clare Huntington, & Elizabeth Scott, Family Law for the One-Hundred-Year Life, 132 Yale L.J. 1691 (2023). [read post]
8 Jul 2023, 4:33 pm
The year of Paradox’s debut, 1978, arrived “during a peak era of antitrust enforcement”.[6] But by 2004, Professor Bork’s panegyric to maximizing “consumer welfare” had led the United States Supreme Court to pronounce “charging monopoly prices” not only not a crime but an “important element of the free-market system”.[7]Indeed, Bork’s valorization of a narrowly economic measure of consumer welfare as… [read post]
5 Jul 2023, 7:32 am
(For a list of cases going both ways, see my The Law of Pseudonymous Litigation, 73 Hastings L.J. 1353, 1430-37 (2022).) [read post]
5 Jul 2023, 5:47 am
This is consistent with what I say in my The Law of Pseudonymous Litigation, 73 Hastings L.J. 1353, 1395-96 (2022). [read post]
2 Jul 2023, 3:46 pm
I have never been a fan of Blasius.[7] (See my post Professor Lipton asks "What about Blasius? [read post]
30 Jun 2023, 4:31 pm
L.J. 967 (2021) [read post]
26 Jun 2023, 9:01 pm
Of course, I would be remiss if I did not address the elephant in the room. [read post]
14 Jun 2023, 9:05 pm
Rev. 1315, 1317-22 (2009). [11] See Zohar Goshen & Gideon Parchomovsky, The Essential Role of Securities Regulation, 55 Duke L.J. 711, 734-35 (2006). [12] The fiduciary relationship exists not just between the insider and existing shareholders but to potential shareholders as well. [read post]
12 Jun 2023, 1:09 pm
I call these scientific Dred Scott cases, which illustrate that sometimes science has no criteria of validity that the law is bound to respect. [read post]
11 Jun 2023, 6:00 am
L.J. 773 (1995). [read post]
7 Jun 2023, 8:30 am
Bush Administration OIRA head Susan Dudley and former EPA policy official Brian Mannix write that, “[i]n principle, a benefit-cost analysis should be ‘complete. [read post]
6 Jun 2023, 3:30 am
L.J. __ (forthcoming 2023-24), available at SSRN (May 17, 2023). [read post]
31 May 2023, 2:01 pm
Article I, Section 9 states that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. [read post]
20 May 2023, 5:00 am
Kate Souza (J.D. 2022, UC-San Francisco), Note, How Can I Ever Repay You? [read post]
