Archive: January 2013

“Recognizing Race” and the Elusive Ideal of Racial Neutrality

David A. Strauss*

Response to: Justin Driver, Recognizing Race, 112 Colum. L. Rev. 404 (2012).



In 1960, Louisiana enacted a statute requiring that the race of any candidate for office be listed on the ballot opposite the candidate’s name.1 In Anderson v. Martin,2 the ...READ MORE

No Exit? Withdrawal Rights and the Law of Corporate Reorganizations

  By:  Douglas G. Baird & Anthony J. Casey


Bankruptcy scholarship is largely a debate about the comparative merits of a mandatory regime on one hand and bankruptcy by free design on the other. By the standard account, the current law ...READ MORE

Malpractice Mobs: Medical Dispute Resolution in China

  By: Benjamin L. Liebman


China has experienced a surge in medical disputes in recent years, on the streets and in the courts. Many disputes result in violence. Quantitative and qualitative empirical evidence of medical malpractice litigation and medical disputes in ...READ MORE


Blitzing Brady: Should Section 4(A) Of The Norris-LaGuardia Act Shield Management From Injunctions in Labor Disputes?

By: Daniel Belke

With its decision in Brady v. NFL, the Eighth Circuit interpreted section 4(a) of the Norris-LaGuardia Act to broadly shield management from injunctions in labor disputes. This decision adopted a position briefly supported by the Second and Sixth ...READ MORE

Antitrust Immunity Up In Smoke: Preemption, State Action, And The Master Settlement Agreement

  By: Matthew McDonald


In antitrust law, the state action doctrine allows states to take regulatory actions that would otherwise result in violations of the federal antitrust laws. Unfortunately, the Supreme Court has not always provided clear guidance in its state ...READ MORE

Clarifying (or Is It Codifying?) The “Notably Abstruse”: Step Transactions, Economic Substance, and the Tax Code

  By: Philip Sancilio


The economic substance and step transaction doctrines are two specific examples of courts’ general willingness to sometimes look past transactions’ technical form and impose taxes based on their underlying substance. As judicial creations, the two doctrines served ...READ MORE