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14 Jun 2023, 9:05 pm by renholding
United States, 445 U.S. 222, 227 n.8 (1980) (quoting Judge Learned Hand’s statement in Gratz v. [read post]
31 May 2023, 12:38 pm by Michael C. Dorf
We wrote a brief together in Elane Photography v. [read post]
26 May 2023, 7:00 am by Guest Author
Circuit’s exacting standard of review in Business Roundtable v. [read post]
21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
The most straightforward way to understand his thinking is apparently that the pendency of the inevitable lawsuits would so roil the financial markets that the economy would be damaged in the meantime—AND that doing so would be worse than the alternatives.Again, he is right that there would be a political crisis, and the days, weeks, or months that the world would spend waiting for a resolution would make the 2000 Bush v. [read post]
18 May 2023, 9:01 pm by Michael C. Dorf
Last week, in National Pork Producers Council (NPPC) v. [read post]
14 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
(That essay also explains the math that we used to derive the 40,100 percent interest rate stated above.)Our overall bottom line does not change, however, because the fundamental objection to all of the gimmicks has less to do with the exact interaction of the words of the key statutes than it does with a fundamental principle of statutory interpretation. [read post]
9 May 2023, 9:01 pm by renholding
There is reason to believe the SEC’s new universal proxy Rule 14a-19 will result in more stockholder nominees being elected to the boards of public companies. [read post]
20 Apr 2023, 9:01 pm by Michael C. Dorf
That was certainly true of the recent Supreme Court oral argument in Counterman v. [read post]
7 Apr 2023, 3:47 pm by Rebecca Tushnet
An Economic Model of Intermediary Liability          James Grimmelmann, Cornell Law School; Cornell Tech Economic claims about effects of liability regimes are common. [read post]