Vol. 117 No. 5

Special Education Law
Note

ACCOUNTABILITY THROUGH PROCEDURE? RETHINKING CHARTER SCHOOL ACCOUNTABILITY AND SPECIAL EDUCATION RIGHTS

Michael A. Naclerio*

Almost every state has experimented with charter schools to improve education outcomes for high-needs students. Charter schools operate with more autonomy and flexibility than traditional public schools, but at the expense of democratic accountability mechanisms. While this model has produced positive results, some charter schools deny access to or underenroll students with disabilities. The Individuals with Disabilities Education Act entitles[...]

Contracts
Article

CONTRACTING OUT OF THE FIDUCIARY DUTY OF LOYALTY: AN EMPIRICAL ANALYSIS OF CORPORATE OPPORTUNITY WAIVERS

Gabriel Rauterberg* & Eric Talley**

For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few “mandatory” rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the duty of loyalty: the corporate opportunities doctrine. Other states have since followed Delaware’s[...]

Legal Theory
CLR Online

THE CATHEDRAL THROUGH THE LOOKING GLASS: A COMMENTARY ON DAGAN AND DORFMAN’S JUST RELATIONSHIPS

Benjamin C. Zipursky*

Introduction In their edifying and ambitious recent article Just Relationships, Professors Hanoch Dagan and Avihay Dorfman suggest that everyone before them has erred in their account of the distinction between public law and private law. Classic liberal scholars—a category meant to cover Thomas Hobbes and William Blackstone through the nineteenth century to Richard Epstein, Ernest […]


In memoriam

JACK!

Steven L. Winter*

In the fall of 1982, I was planning a month-long trip to Italy with a friend. Debby Greenberg had organized a conference on comparative affirmative action at the Rockefeller Foundation’s Bellagio Center that summer, and Jack and Debby traveled around Italy while there. Jack invited me and my “spousal analog”—a coinage of his own that […]

Immigration
Note

THE REFUGEE CRISIS AS CIVIL LIBERTIES CRISIS

Eric A. Ormsby*

The number of refugees worldwide has expanded dramatically in the first decades of the twenty-first century, with tens of millions of people forced to seek shelter outside their countries of origin. Currently, the most critical form of protection that people in this vulnerable position are guaranteed is the duty of non-refoulement. This duty ensures that countries to which refugees flee cannot return them to places where their lives may be endangered.[...]