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Revitalizing Dormant Commerce Clause Review for Interstate Coordination
(Minnesota Law Review, 2015)
Interstate coordination presents one of the most difficult challenges for American federalism as well as for energy markets and policy. Existing laws vest the approval of large-scale energy infrastructure projects such as ...
Free Trade, Fair Trade, and Selective Enforcement
(Columbia Law Review, 2018)
The 2016 presidential election was one of the most divisive in recent memory, but it produced a surprising bipartisan consensus. Donald Trump, Hillary Clinton, and Bernie Sanders all agreed that U.S. trade agreements should ...
Condemning the Decisions of the Past
(Fordham Urban Law Journal, 2011)
This brief Essay, part of a Fordham Urban Law Journal Symposium on eminent domain in New York, argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond ...
Customary International Law
(Michigan Journal of International law, 2016)
Contemporary international lawmaking is characterized by a rapid growth of “soft law” instruments. Interdisciplinary studies have followed suit, purporting to frame the key question states face as a choice between soft and ...
The Shifting Tides of Merger Litigation
(Vanderbilt Law Review, 2018)
In 2015, Delaware made several important changes to its laws concerning merger litigation. These changes, which were made in response to a perception that levels of merger litigation were too high and that a substantial ...
Back to the Future
(Case Western Reserve Journal of International Law, 2015)
This essay refocuses the debate over autonomous weapons systems to consider the potentially salutary effects of the evolving technology. Law does not exist in a vacuum and cannot evolve in the abstract. Jus in bello norms ...
Uninformative Patents
(Houston Law Review, 2017)
It is a bedrock principle of patent law that an inventor need not know or understand how or why an invention works. The patent statute simply requires that the inventor explain how to make and use the invention. But ...
Reinvention
(Notre Dame Law Review, 2017)
It is axiomatic that once an invention has been patented, it cannot be patented again. This aligns with the quid pro quo theory of patents — the public would receive nothing new in exchange for the second patent. Enforcing ...
Shareholder Voting in Proxy Contests for Corporate Control, Uncontested Director Elections and Management Proposals
(Oklahoma Law Review, 2017)
This paper surveys the empirical literature on shareholder voting, specifically on votes related to contested and uncontested director elections and on management proposals. While much of current theory depicts shareholder ...
The Production Function of the Regulatory State
(Minnesota Law Review, 2017)
How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with ...