Archive: October 2012

How to Choose the Least Unconstitutional Option: Lessons for the President (and Others) From the Debt Ceiling Standoff

By: Neil H. Buchanan & Michael C. Dorf

The federal statute known as the “debt ceiling” limits total borrowing by the United States. Congress has repeatedly raised the ceiling to authorize necessary borrowing, but a political standoff in 2011 nearly made ...READ MORE

Harnessing the Private Attorney General: Evidence from Qui Tam Litigation

By: David Freeman Engstrom

What role do expertise and specialization play in regulatory regimes that deploy private litigation as an enforcement tool? This question is of enormous practical importance to the optimal design of law enforcement across a range of regulatory ...READ MORE

Pluralism and Perfectionism in Private Law

By: Hanoch Dagan

Many private law scholars strive to divine broad, unified normative theories of property, contracts, torts, and restitution (or, at times, even of private law as a whole). These monist accounts suggest that one regulative principle guides the various ...READ MORE

 

Delimiting Limitations: Does the Immigration and Nationality Act Impose a Statute of Limitations on Noncitizen Removal Proceedings?

By: Liliana Zaragoza

With the rate of noncitizen removal reaching its peak in 2011, it is no wonder that in recent years the Obama Administration, policymakers, and commentators across many fields have increasingly analyzed potential removal policy changes in light of ...READ MORE

Bad Guys in Bankruptcy: Excluding Ponzi Schemes From the Stockbroker Safe Harbor

  By: Samuel P. Rothschild

 

The Bankruptcy Code (“Code”) reflects tension between two important goals: minimizing systemic risk in the securities market and remedying securities fraud. To minimize the displacement in the securities market that a major bankruptcy in the industry ...READ MORE

Marriage as? A Reply to Marriage as Punishment

Brenda Cossman*

Response to: Melissa Murray, Marriage as Punishment, 112 Colum. L. Rev. 1 (2012)

In Marriage as Punishment, Professor Melissa Murray reads marriage against its more mainstream grain:1 Rather than classifying marriage as a public and/or private good, Murray uses the history ...READ MORE

 

Labor Speech, Corporate Speech, and Political Speech: A Response to Professor Sachs

Matthew T. Bodie*

 

Why do corporations spend money on politics? A recent report by the Manhattan Institute found that “most firms, like most individuals, behave rationally and strategically in their spending decisions on campaigns and lobbying, devoting resources in ways that, ...READ MORE