We’re closing in on a decade since the height of the financial crisis, so perhaps it’s not surprising that reflection on financial regulation is in the air. Much of the focus has been on two divergent ideas. On the one hand, President Trump evidenced a deregulatory approach when he famously announced he would “do a… Continue reading John Crawford on Post-Recession Financial Reform
A “unicorn” in Silicon Valley lingo is a private company that has achieved a valuation of $1 billion or more. During the first dot-com craze in the late 1990s, such creatures were truly imaginary, as companies rushed to go public in the relatively early stages of growth. More recently, unicorns have become startlingly common, as… Continue reading Abe Cable on Stock Options at Unicorn Start-Ups
My colleague Zach Price, who writes about constitutional law, with a specific emphasis on separation of powers and executive power, has written a timely and very important new article called “Funding Conditions and Separation of Powers,” forthcoming in Vanderbilt Law Review. The article tackles a heady issue of law and politics: when are congressional conditions… Continue reading Zach Price on Congressional Control of Executive Spending
My illustrious colleague Joan Williams has published a new book with Harvard Business Review Press called White Working Class: Overcoming Class Cluelessness in America. The book is an expansion of her widely shared (more than 3.5 million times!) essay on the working class and the 2016 presidential election. In the book, Professor Williams offers an… Continue reading Joan Williams on Understanding the Working Class
As it emerged from decades of legal apartheid, South Africa also embarked on an ambitious program of water-law reform. At its core were two ideas. The first was to treat an old legal concept—the public-trust doctrine—as a foundation for the emerging legal system. That meant treating water as a common resource, to be held by… Continue reading David Takacs on South Africa’s Treatment of Water Rights
My colleague Manoj Viswanathan has written a new article, “Tax Compliance in a Decentralizing Economy,” forthcoming in Georgia State University Law Review. This article reveals the threat to tax compliance that is posed both by new technologies that enable on-demand sharing of services and by blockchain technology that facilitates cryptocurrency (e.g., Bitcoin) transactions and other… Continue reading Manoj Viswanathan on Centralized Intermediaries and Tax Compliance
In his scholarly works, Professor Dave Owen often starts by telling the story that everyone knows about a certain central doctrine of environmental law, and then uses empirical data to meticulously pick apart why that narrative that everyone knows is right is actually wrong. In so doing, he’s not just trying to skewer sacred cows;… Continue reading Dave Owen on Debunking the Myths of Environmental Law
My colleague Scott Dodson, one of the country’s leading civil procedure scholars, has written a fascinating new article urging a litigation role for the rules committees that draft federal procedural rules. Professor Dodson’s article, “Should the Rules Committees Have an Amicus Role?,” appears in the Virginia Law Review. The article argues that the rules committees… Continue reading Scott Dodson on Rules Committee Amicus Practice
Heather Field, my colleague and fellow tax scholar, has written two important articles at the intersection of the practice of tax law and professional ethics. There are scant resources for (1) tax practitioners seeking guidance on how to act ethically when making discretionary decisions involving aggressive tax planning and (2) tax law faculty who want… Continue reading Heather Field on Tax Practice and Ethics
In a forthcoming article in the New York University Law Review, my colleague Scott Dodson takes us through the looking glass by providing a “negative retrospective” of the class action rule that might have been. To anyone who feels comfortable with the current text of Rule 23, this is exciting and challenging reading, in part… Continue reading Scott Dodson on Rule 23’s Negative History