When a business firm gets big enough, it reliably does two things. First, it reconfigures itself into a corporate group by dividing itself into a multitude of commonly owned subsidiaries.
Posner’s theory implies that the corporate group is like a sturdy ocean freighter, neatly divided into watertight compartments that prevent a failure in one division from flooding the cargo stowed elsewhere. In reality, however, the insides of most corporate groups are not nearly so orderly. Instead of following clean functional lines, their bulkheads… Read More »
- U. Chicago Law Review
- 06 January 2012
- Law Review Article
Excerpts from: Richard Squire, Strategic Liability in the Corporate Group
Richard Squire - Fordham University School of Law
- Duke Law Journal
- 03 January 2012
- Law Review Article
Case Management in the Circuit Courts
Marin K. Levy - Duke University School of Law
Twenty-five years ago, then-Chief Judge Wilfred Feinberg of the Court of Appeals for the Second Circuit wrote, “[T]he way that courts operate has a significant, possibly even dominant, influence on the quality of justice that can be obtained from them.” Yet despite the apparent importance of how courts manage their workload—for… Read More »
- Cornell Law Review
- 23 December 2011
- Law Review Article
Judicial Politics and the Rule of Law
Charles Gardner Geyh - Indiana University Maurer School of Law
According to legends dating back to the Renaissance, the ermine would rather die than soil its pristine white coat. The ermine so came to symbolize purity, and English judges adopted this symbol by adorning their robes with ermine fur. For their part, American judges took a more ermine-friendly approach, dispensing… Read More »
- Cornell Law Review
- 09 December 2011
- Law Review Article
Against Flexibility
David Super - Georgetown University Law Center
This Article seeks to develop a theory of the best timing of legal decisions that is independent of questions about which individuals or institutions should make those decisions. In doing so, it analyzes law as a productive enterprise. Like any productive enterprise, law seeks to obtain necessary inputs at the… Read More »
- N.Y.U. Law Review
- 08 December 2011
- Exclusive Legal Workshop Editorial
A Cautionary Note to Readers of Professor Volokh’s “Cautionary Note”
Pratheepan Gulasekaram - Santa Clara University School of Law
[Editor's note: This comment is in response to a comment by Professor Eugene Volokh on following law review article: Pratheepan Gulasekaram, "The People" of the Second Amendment: Citizenship and the Right To Bear Arms, 85 N.Y.U. L. REV. 1521 (2010). Professor Volokh's comment is also available on the Legal Workshop.]… Read More »
- N.Y.U. Law Review
- 08 December 2011
- Exclusive Legal Workshop Editorial
A Cautionary Note for Readers of “The People” of the Second Amendment: Citizenship and the Right To Bear Arms
Eugene Volokh - UCLA School of Law
[Editor's note: This comment is in response to the following law review article: Pratheepan Gulasekaram, "The People" of the Second Amendment: Citizenship and the Right To Bear Arms, 85 N.Y.U. L. REV. 1521 (2010). Professor Gulasekaram's response is also available on the Legal Workshop.]
I read with interest “The People”… Read More »
- N.Y.U. Law Review
- 06 December 2011
- Law Review Article
Changing the People: Legal Regulation and American Democracy
Tabatha Abu El-Haj - Drexel University, Earle Mack School of Law
Introduction
In modern America, law pervades the practice of democratic politics—from the regulation of public assemblies to the minutiae of election administration—and the Supreme Court is perpetually asked to adjudicate political disputes. While we take this highly regulated political process for granted, it has not always been this way.
Today’s… Read More »
- Georgetown Law Journal
- 05 December 2011
- Law Review Article
Reforming The Electoral College
Norman Williams - Willamette University
As the 2000 Presidential election reminded everyone, the President is not elected directly by the People but rather by the Electoral College. Because each state has as many presidential electors as it has U.S. Representatives and Senators, smaller states have more electoral votes than their population warrants. At the same… Read More »
- Northwestern Law Review
- 28 November 2011
- Law Review Article
Point of Novelty
Mark A. Lemley - Stanford Law School
We award patents to inventors because we hope to encourage new ideas. It is curious, then, that patent law itself purports to pay no attention to which aspects of a patentee’s invention are in fact new. A patented invention is legally defined by its claims—written definitions of the invention. And… Read More »
- Cornell Law Review
- 23 November 2011
- Law Review Note
A Third Way: The Presidential Nonsigning Statement
Ross Wilson
Introduction
In my Note, I propose an alternative to the presidential signing statement that has been hotly debated in the literature in recent years. By re-examining an often-forgotten constitutional method for enacting laws, I conclude that when the President has certain doubts about the constitutionality of a bill Congress has… Read More »