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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 ...
Indemnification as an Alternative to Nullification
(Montana Law Review, 2015)
The federalization of criminal law arguably threatens the states’ traditional police powers. Congress has criminalized myriad activities the states condone (or at least tolerate); it has denied federal criminal defendants ...
Say on Pay Around the World
(Washington University Law Review, 2015)
Shareholders have long complained that top executives are overpaid by corporate directors irrespective of their performance. Largely powerless to stop these practices, in 2002, they prevailed upon the U.K. Parliament to ...
The Influence of the Areeda-Hovenkamp Treatise in the Lower Courts and What It Means for Institutional Reform in Antitrust
(Iowa Law Review, 2015)
It is often pointed out that while the United States Supreme Court is the final arbiter in setting antitrust policy and promulgating antitrust rules, it does so too infrequently to be an efficient regulator. And since the ...
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 ...
Law and the Art of Modeling: Are Models Facts?
(Georgetown Law Journal, 2015)
In 2013, the Supreme Court made the offhand comment that empirical models and their estimations or predictions are not 'findings offact" deserving of deference on appeal. The four Justices writing in dissent disagreed, ...
The Derivative Nature of Corporate Constitutional Rights
(William & Mary Law Review, 2015)
This Article engages the two hundred year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent ...
Boards of Directors as Mediating Hierarchs
(Seattle University Law Review, 2015)
In June of 2014, the board of directors of Demoulas Supermarkets, Inc.-better known as Market Basket, a mid-sized chain of grocery stores in New England-decided to oust the man who had been CEO for the previous six years, ...
Pricing Lives for Corporate and Governmental Risk Decisions
(Vanderbilt Law Review, 2015)
The value of a statistical life (VSL) is the most influential single parameter used in calculating the benefits of governmental regulations. While there are some inter-agency differences, there is a commonality in the ...
Creating Around Copyright
(Harvard Law Review, 2015)
It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view the promotion of creativity as copyright’s mission ...