By Jordan Blair Woods. Full text here. In the wake of marriage equality, legal attention is increasingly shifting to resolving conflicts between religious liberty and LGBTQ equality. The current terms of the debate largely center on same-sex marriage, and much less attention is being paid to how religious exemptions affect LGBTQ people in situations that do…

Continue reading

By Amy Semet. Full text here. How do administrative agencies interpret statutes? This Article looks behind the black box of agency statutory interpretation to review how administrative agencies use canons of construction and other tools of statutory interpretation to decide cases. Surveying over 7000 cases heard by the National Labor Relations Board (NLRB) from 1993–2016,…

Continue reading

By Chrystin Ondersma. Full text here. For individuals struggling to make ends meet, an emergency expense or sudden drop in income can be catastrophic. Often credit is the only option available in such emergencies, but taking out credit can worsen an already precarious financial situation—individuals and families may go without food or electricity in order to…

Continue reading

By Stavros Gadinis and Amelia Miazad. Full text here. Although corporate wrongdoing can reach an immense scale with disastrous ramifications, holding boards accountable has long been perceived as elusive. Under both state fiduciary duty law and federal securities doctrine, directors and officers are liable only if they were aware of corporate failures or reckless in ignoring…

Continue reading

By Bijal Shah. Full text here. Coordination is a mechanism for administrative control. Indeed, it is well-known that the President and agencies themselves initiate it for a variety of substantive and self-interested reasons. This Article is the first to establish that Congress also creates frameworks of interagency coordination, and it bases this contention in the largest…

Continue reading

By John H. Matheson & Vilena Nicolet. Full text here. In the past several decades, the corporate governance landscape has changed dramatically and positively. Recently, shareholders have found new ways to directly impact the governance regime and the board of directors. These new means derive from various sources, including a more favorable regulatory environment and the…

Continue reading

By Robin C. Feldman & Mark A. Lemley. Full text here. Patent reform is a hotly contested issue, occupying the attention of Congress, the Supreme Court, and many of the most innovative companies in the world. Most of that dispute centers on patent enforcement, and in particular on the role of non-practicing entities (NPEs) or “patent…

Continue reading

By Fiona Doherty. Full text here. This Article introduces the concept of “Testing Periods” to explain how U.S. courts sort criminal defendants for incarceratory and non-incarceratory results. A Testing Period is a time period during which a criminal defendant agrees to abide by a set of prospective rules (such as avoiding “dirty urines” and remaining…

Continue reading

By Tash Bottum. Full text here. Federal disclosure law requires companies to report certain types of events on a current basis. This reporting regime aims to promote transparency, enhance informed investments, and protect investors. However, the disclosure requirements are currently governed by a vague materiality standard, which fails to adequately guide companies in determining whether…

Continue reading

By Maria L. Banda. Full text here. The advent of the Anthropocene has extended the reach of environmental harm: from offshore drilling to geoengineering and climate change, activities in one State can increasingly injure people far beyond its borders. States have longstanding rights under international law to protect their citizens from such harms. In practice,…

Continue reading