Zach Price on the First Amendment in Imperiled Times

Published on: Author: Veena Dubal

My colleague Professor Zachary Price, an expert on the constitutional separation of powers, recently dove into the First Amendment debates in a symposium article published in the University of Pennsylvania’s Journal of Constitutional Law. The article, titled “Our Imperiled Absolutist First Amendment,” examines the First Amendment in light of three salient socio-political developments: fake news,… Continue reading

Rick Marcus on Public Courts in the United States

Published on: Author: Scott Dodson

My colleague Professor Rick Marcus, who has distinguished himself in procedure circles not just in the U.S. but also quite prominently abroad, has posted a new book chapter titled “Reassessing the Essential Role of the Public Courts: Learning from the American Experience.” The book is focused on the public role of courts from a comparative… Continue reading

Jared Ellias on Regulating Bankruptcy Bonuses

Published on: Author: John Crawford

In 2005, popular disgust with several high-profile cases of bankrupt firms paying top executives large “retention” bonuses led Congress to prohibit such bonuses for firms in Chapter 11. In a forthcoming article in the Southern California Law Review, Regulating Bankruptcy Bonuses, Professor Jared Ellias suggests that firms have found ways to evade this prohibition, so… Continue reading

Leo Martinez on Latinos and the Internal Revenue Code

Published on: Author: Heather Field

Who matters in the tax-policy debate? My colleague, Leo Martinez, in his recent article Latinos and the Internal Revenue Code: A Tax Policy Primer for the New Administration, 20 Harv. Latinx L. Rev. 101 (2017), argues that legislators and policymakers should pay more attention to Latinos and how they are adversely affected by the tax law. To… Continue reading

John Crawford on the Timing of Financial Regulation

Published on: Author: Abe Cable

A decade of reform efforts has given financial regulators an array of tools to stave off the next crisis—living wills, orderly liquidation authority, and so on. These new tools, in turn, have produced a large and lively literature in legal and economic scholarship. Yet a fundamental question—exactly when regulators should deploy the new regulatory apparatus—has… Continue reading

John Leshy on the Constitutionality of Public Lands

Published on: Author: Dave Owen

Must the federal government turn over federal public lands to the states? Several years ago, the Utah Legislature appropriated several hundred thousand dollars to study this very question. Not surprisingly, since the study was written by attorneys who hoped to litigate these same claims, the answer was “yes.” This was not exactly a new position.… Continue reading

Robin Feldman on Drug Manufacturers’ Abuse of the Citizen-Petition Process

Published on: Author: Jaime King

Soaring healthcare prices currently threaten the viability of our healthcare system and the overall economy. U.S. healthcare spending, both per capita and as a percentage of GDP, far outpaces spending by any other high-income country, without corresponding increases in quality or access to care. Pharmaceutical drug prices, a component of overall healthcare spending, have dramatically… Continue reading

David Takacs on Biodiversity Offsetting and the Law

Published on: Author: John Leshy

“Are Koalas Fungible? Biodiversity Offsetting and the Law,” recently published in NYU Environmental Law Journal, is the latest product of Professor David Takacs’s more than two-decade-old exploration of humankind’s efforts to protect the earth’s dwindling biodiversity. So far, his project has produced a book on the concept of biodiversity and numerous articles. This paper is the… Continue reading

Dave Owen on the Conservative Turn Against Compensatory Mitigation

Published on: Author: John Leshy

In his new article titled “The Conservative Turn Against Compensatory Migration,” published earlier this year in Environmental Law, Professor Dave Owen starts with a question that has puzzled more than a few observers of environmental regulation over the past year or so; namely, why has the Trump Administration (through Interior Secretary Ryan Zinke) denounced, and appeared to abandon, an idea long embraced by many conservatives, of permitting resource… Continue reading