This Comment addresses the threat posed to the bankruptcy process by creditors whose true economic incentives are not aligned with their disclosed claims. Under current bankruptcy law, these so-called “empty creditors” may actively participate in...
A crisis point is emerging at the nexus of patent law and economics. Patent rights are designed to serve as an incentive to invest in innovation. However, notoriously high litigation costs, a proliferation of invalid patents in the marketplace, and...
This Essay responds to an article by Jonathan Zasloff previously published in the UCLA Law Review in which he suggests that plaintiffs filing nuisance actions to address climate change should seek damages rather than injunctive relief and calculate...
In the 1967 case In re Gault, the U.S. Supreme Court revolutionized juvenile criminal proceedings by holding that children were constitutionally entitled to legal counsel and the privilege against self-incrimination. In contrast to Miranda v...
Responding to the argument that homeowners who strategically default on their mortgages are immoral and socially irresponsible, this Article argues that defaulting on a mortgage contract is not only morally acceptable, it may be the most responsible...
With the confirmation of Elena Kagan as a justice of the U.S. Supreme Court, eight of the nine sitting justices have graduated from only two law schools—Harvard and Yale. This Article frames this development in the historical context of the legal...