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Full-Text Articles in Law

The Rise Of The Sponsor-In-Possession And Implications For Sponsor (Mis)Behavior, Daniel B. Kamensky May 2024

The Rise Of The Sponsor-In-Possession And Implications For Sponsor (Mis)Behavior, Daniel B. Kamensky

University of Pennsylvania Law Review Online

Changes in the capital markets and developments in the law and judicial practice have shifted the balance of power in many distress situations from creditors to financial sponsors. Only recently has there been a recognition by a subset of academics that this reflects a new prism through which to view the bankruptcy process. These studies have been largely theoretical—focusing on how these developments have come about and their implications for stakeholders and bankruptcy outcomes. This Essay offers an insider’s perspective, in the form of case studies of the role that private equity played in the bankruptcies of Caesars Entertainment and …


Net Asset Value Financing And Private Equity, Colleen Baker May 2024

Net Asset Value Financing And Private Equity, Colleen Baker

University of Pennsylvania Law Review Online

No abstract provided.


"No One Else Was In The Room Where It Happened": Ensuring The Careful Use Of Accomplice-Witness Testimony Without Resorting To Corroboration Requirements, Ethan Cohen May 2024

"No One Else Was In The Room Where It Happened": Ensuring The Careful Use Of Accomplice-Witness Testimony Without Resorting To Corroboration Requirements, Ethan Cohen

University of Pennsylvania Law Review Online

No abstract provided.


Policing The Police: An Analysis Of The Citizens Police Oversight Commission, Devontae W. Torriente May 2024

Policing The Police: An Analysis Of The Citizens Police Oversight Commission, Devontae W. Torriente

University of Pennsylvania Law Review Online

No abstract provided.


Clarifying Judicial Aggrandizement, Allen Sumrall, Beau J. Baumann Jan 2024

Clarifying Judicial Aggrandizement, Allen Sumrall, Beau J. Baumann

University of Pennsylvania Law Review Online

Scholars argue that the Roberts Court has been engaged in a judicial “power grab.” Some scholars describe the Court as “juristocratic,” others “aggrandizing.” The Court’s supporters argue that these critics’ charges only thinly veil the critics’ policy differences with the Court. Is the Roberts Court’s power materially different from other Courts? If the charge is about “judicial activism,” do the critics hold the Warren Court to the same standard?

Scholarship about the Roberts Court has encountered a long-running difficulty; “judicial power” is an amorphous braid of norms, ideas, and institutional arrangements. We advance a taxonomy for understanding different aspects of …


Finfluencers And The Reasonable Retail Investor, Sue Guan Jan 2024

Finfluencers And The Reasonable Retail Investor, Sue Guan

University of Pennsylvania Law Review Online

No abstract provided.


Fiduciary Deadlock, Roberto Tallarita Jan 2023

Fiduciary Deadlock, Roberto Tallarita

University of Pennsylvania Law Review Online

In the current ESG debate, one leading theory argues that diversified investors have a financial incentive to reduce negative corporate externalities, such as greenhouse gas emissions, because they internalize those externalities within their investment portfolio. This Essay examines how this “portfolio primacy” theory interacts with the multiple layers of fiduciary duties of investment and corporate managers. Using a hypothetical emissions reduction in ExxonMobil as a paradigmatic case, I show that portfolio primacy creates a fiduciary deadlock: a situation in which multiple fiduciary relationships—between investment advisers and fund investors, between corporate managers and shareholders, and between controlling and minority shareholders—come into …


Contract Logic, Naveen Thomas Jan 2023

Contract Logic, Naveen Thomas

University of Pennsylvania Law Review Online

No abstract provided.


Trans Sex Equality Rights After Dobbs, Marc Spindelman Jan 2023

Trans Sex Equality Rights After Dobbs, Marc Spindelman

University of Pennsylvania Law Review Online

No abstract provided.


Procedural Protections In A Secret Court: Fisa Amici And Expanding Appellate Review Of Fisa Decisions, Aaron X. Sobel Jan 2023

Procedural Protections In A Secret Court: Fisa Amici And Expanding Appellate Review Of Fisa Decisions, Aaron X. Sobel

University of Pennsylvania Law Review Online

No abstract provided.


Just Cause, Not Just Because: A Pro-Worker Reform For The Employment Landscape, Mikaela A. Phillips Jan 2022

Just Cause, Not Just Because: A Pro-Worker Reform For The Employment Landscape, Mikaela A. Phillips

University of Pennsylvania Law Review Online

No abstract provided.


Who Can Protect Black Protest?, Brandon Hasbrouck Jan 2022

Who Can Protect Black Protest?, Brandon Hasbrouck

University of Pennsylvania Law Review Online

No abstract provided.


Mass Exploitation, Samir D. Parikh Jan 2022

Mass Exploitation, Samir D. Parikh

University of Pennsylvania Law Review Online

No abstract provided.


Missing Decisions And The United States Court Of Appeals For The Federal Circuit, Jason Rantanen Jan 2022

Missing Decisions And The United States Court Of Appeals For The Federal Circuit, Jason Rantanen

University of Pennsylvania Law Review Online

No abstract provided.


Getting From Points A To Points B: Wayfinding, Public Accommodations, And The Ada, David Ferleger Jan 2022

Getting From Points A To Points B: Wayfinding, Public Accommodations, And The Ada, David Ferleger

University of Pennsylvania Law Review Online

No abstract provided.


Pandemic Pressures On Faculty, Meera E. Deo Jan 2022

Pandemic Pressures On Faculty, Meera E. Deo

University of Pennsylvania Law Review Online

No abstract provided.


A Bug Or A Feature?: Exclusive State-Court Jurisdiction Over Federal Questions, Jacob L. Burnett Jan 2022

A Bug Or A Feature?: Exclusive State-Court Jurisdiction Over Federal Questions, Jacob L. Burnett

University of Pennsylvania Law Review Online

No abstract provided.


Probate Lending: Data From San Francisco, David Horton, Reid Kress Weisbord Jan 2022

Probate Lending: Data From San Francisco, David Horton, Reid Kress Weisbord

University of Pennsylvania Law Review Online

No abstract provided.


Race, Reckoning, Reform, And The Limits Of The Law Of Democracy, Joshua S. Sellers Jan 2021

Race, Reckoning, Reform, And The Limits Of The Law Of Democracy, Joshua S. Sellers

University of Pennsylvania Law Review Online

No abstract provided.


The Radical-Incremental Change Debate, Racial Justice, And The Political Economy Of Teachers’ Choice, Aaron Tang Jan 2021

The Radical-Incremental Change Debate, Racial Justice, And The Political Economy Of Teachers’ Choice, Aaron Tang

University of Pennsylvania Law Review Online

No abstract provided.


“In Whom Is The Right Of Suffrage?” The Reconstruction Acts As Sources Of Constitutional Meaning, Franita Tolson Jan 2021

“In Whom Is The Right Of Suffrage?” The Reconstruction Acts As Sources Of Constitutional Meaning, Franita Tolson

University of Pennsylvania Law Review Online

No abstract provided.


The Breaking Point: A Critical Disability Analysis Of Abolition, Maya Goldman, Lucy Trieshmann Jan 2021

The Breaking Point: A Critical Disability Analysis Of Abolition, Maya Goldman, Lucy Trieshmann

University of Pennsylvania Law Review Online

No abstract provided.


Mcgirt V. Oklahoma And The Past, Present, And Future Reservation Boundaries, Bethany R. Berger Jan 2021

Mcgirt V. Oklahoma And The Past, Present, And Future Reservation Boundaries, Bethany R. Berger

University of Pennsylvania Law Review Online

No abstract provided.


Amending A Racist Constitution, William J. Aceves Jan 2021

Amending A Racist Constitution, William J. Aceves

University of Pennsylvania Law Review Online

No abstract provided.


The Unmaking Of “Black Bill Gates”: How The U.S. Patent System Failed African-American Inventors, Olivia Constance Bethea Jan 2021

The Unmaking Of “Black Bill Gates”: How The U.S. Patent System Failed African-American Inventors, Olivia Constance Bethea

University of Pennsylvania Law Review Online

No abstract provided.


Liquidated Damages Or Human Trafficking? How A Recent Eastern District Of New York Decision Could Impact The Nationwide Nursing Shortage, Heather Mcadams Jan 2020

Liquidated Damages Or Human Trafficking? How A Recent Eastern District Of New York Decision Could Impact The Nationwide Nursing Shortage, Heather Mcadams

University of Pennsylvania Law Review Online

No abstract provided.


Delegation To Nonexperts, Evan C. Zoldan Jan 2020

Delegation To Nonexperts, Evan C. Zoldan

University of Pennsylvania Law Review Online

No abstract provided.


Lone Pine Orders: A Critical Examination And Empirical Analysis, Nora Freeman Engstrom, Amos Espeland Jan 2020

Lone Pine Orders: A Critical Examination And Empirical Analysis, Nora Freeman Engstrom, Amos Espeland

University of Pennsylvania Law Review Online

No abstract provided.


“Terroristic Threats” And Covid-19: A Guide For The Perplexed, Chad Flanders, Courtney Federico, Eric Harmon, Lucas Klein Jan 2020

“Terroristic Threats” And Covid-19: A Guide For The Perplexed, Chad Flanders, Courtney Federico, Eric Harmon, Lucas Klein

University of Pennsylvania Law Review Online

No abstract provided.


Precedent On Precedent, Nina Varsava Jan 2020

Precedent On Precedent, Nina Varsava

University of Pennsylvania Law Review Online

No abstract provided.