Pathetic Argument in Constitutional Law

By:  Jamal Greene


Pathetic argument, or argument based on pathos, persuades by appealing to the emotions of the reader or listener. In Aristotle’s classic treatment, it exists in parallel to logical argument, which appeals to deductive or inductive reasoning, and ...READ MORE

Intellectual Property Defenses

By:  Gideon Parchomovsky & Alex Stein


This Article demonstrates that all intellectual property defenses fit into three conceptual categories: general, individualized, and class defenses. A general defense challenges the validity of the plaintiff’s intellectual property right. When raised successfully, it annuls ...READ MORE

The Myth That Insulating Boards Serves Long-Term Value

By:  Lucian A. Bebchuk


According to an influential view in corporate law writings and debates, pressure from shareholders leads companies to take myopic actions that are costly in the long term, and insulating boards from such pressure serves the long-term interests ...READ MORE


The Regulator in Robes: Examining the SEC and the Delaware Court of Chancery’s Parallel Disclosure Regimes

By:  David Friedman


The Delaware Court of Chancery is a unique court that specializes in transactional jurisprudence. Due to Chancery’s expertise in and exposure to corporate litigation, its decisions act as “rules” for most corporate actors. However, Chancery is not the ...READ MORE

“Killing Time” in the Valley of the Shadow of Death: Why Systematic Preexecution Delays on Death Row Are Cruel and Unusual

By:  Angela April Sun


In the nearly four decades since the U.S. Supreme Court reinstated the death penalty in 1976, the average time between sentencing and execution in the United States has steadily increased to 16.5 years as of the end of ...READ MORE