By Elsa M. Bullard. Full text here. Domestic violence asylum applicants have spent years struggling to demonstrate they are a particular social group within the meaning of refugee statutes and thus worthy of asylum in the United States. Recent statements by the Department of Homeland Security (DHS) and a favorable outcome for the applicant in In…

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By Jamie L. Kastler. Full text here. This Note addresses the Delaware courts’ treatment of waste claims at the demand stage of derivative litigation. Recent Delaware opinions indicate that waste is part of the fiduciary duty of good faith. This means that directors are not protected from claims of waste by section 102(b)(7) exculpation clauses…

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By Christopher A. Pinahs. Full text here. A necessary requirement for federal diversity jurisdiction is that the amount in controversy exceeds $75,000. Injunctions, however, are not a sum certain, and courts often struggle to value this intangible form of relief for purposes of diversity jurisdiction. Further compounding this problem is the fact that injunctions often differentially…

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By Daniel Schwarcz. Full text here. In certain regulatory regimes, including those governing banking and corporate law, firms are permitted to choose among multiple competing regulators. This Article examines the desirability of such regulatory competition in the context of property, casualty, and life insurance markets. It analyzes various different approaches to structuring such regulatory competition, including…

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By Sanford Levinson & Jack M. Balkin. Full text here. A constitutional dictatorship is a system (or subsystem) of constitutional government that bestows on a certain individual or institution the right to make binding rules, directives, and decisions and apply them to concrete circumstances unhindered by timely legal checks to their authority. Constitutional dictatorship, far from…

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By Steven L. Schwarcz. Full text here. This Article examines the dilemma of a fiduciary acting for parties who, as among themselves, have conflicting commercial interests—an inquiry fundamentally different from that of the traditional study of conflicts between fiduciaries and their beneficiaries. Existing legal principles do not fully capture this dilemma because agency law focuses primarily…

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By Raymond J. McKoski. Full text here. In order to promote public trust in the independence and impartiality of the judicial system, judges are required to forego a litany of professional and personal behaviors deemed to be inconsistent with the role of the neutral magistrate. For example, codes of judicial conduct prohibit ex parte communications, the…

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By Kathryn Abrams & Hila Keren. Full text here. Law and emotions scholarship has reached a critical moment in its trajectory. It has become a varied and dynamic body of work, mobilizing diverse disciplinary understandings, to analyze the range of emotions that implicate law and legal decisionmaking. Yet mainstream legal academics have often greeted it with…

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By Maisa Jean Frank. Full text here. Jury selection proceeds differently in each state. Though not constitutionally mandated, each jurisdiction allows attorneys to exercise peremptory challenges as part of the process. During the past sixty years, members of the legal profession have consistently called into question the validity of this practice. Supreme Court jurisprudence gives selected…

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By Emily Gleiss. Full text here. Currently, state statutes that govern guardian ad litem appointments for children in custody disputes fail to protect the due process rights of parents. Focused solely on the best interests of children, these laws provide few safeguards against the infringement of parents’ rights to the care, custody, and control of their…

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