Law Commons^™

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

University of Pennsylvania Law Review Online

No abstract provided.

Contract Logic, Naveen Thomas

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

University of Pennsylvania Law Review Online

No abstract provided.

Trans Sex Equality Rights After Dobbs, Marc Spindelman

University of Pennsylvania Law Review Online

No abstract provided.

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 …

Who Can Protect Black Protest?, Brandon Hasbrouck

University of Pennsylvania Law Review Online

No abstract provided.

Mass Exploitation, Samir D. Parikh

University of Pennsylvania Law Review Online

No abstract provided.

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

University of Pennsylvania Law Review Online

No abstract provided.

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

University of Pennsylvania Law Review Online

No abstract provided.

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

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

University of Pennsylvania Law Review Online

No abstract provided.

Pandemic Pressures On Faculty, Meera E. Deo

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

University of Pennsylvania Law Review Online

No abstract provided.

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

University of Pennsylvania Law Review Online

No abstract provided.

Amending A Racist Constitution, William J. Aceves

University of Pennsylvania Law Review Online

No abstract provided.

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

University of Pennsylvania Law Review Online

No abstract provided.

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

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

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

University of Pennsylvania Law Review Online

No abstract provided.

What Taylor Swift And Beyoncé Teach Us About Sex And Causes, Robin Dembroff, Issa Kohler-Hausmann, Elise Sugarman

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

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

University of Pennsylvania Law Review Online

No abstract provided.

Of Death And Delusion: What Survives Kahler V. Kansas?, Fredrick E. Vors

University of Pennsylvania Law Review Online

No abstract provided.

Muted Justice, Leah Litman

University of Pennsylvania Law Review Online

No abstract provided.

Delegation To Nonexperts, Evan C. Zoldan

University of Pennsylvania Law Review Online

No abstract provided.

Precedent On Precedent, Nina Varsava

University of Pennsylvania Law Review Online

No abstract provided.

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

University of Pennsylvania Law Review Online

No abstract provided.

The Frailty Of Disability Rights, Jasmine E. Harris

University of Pennsylvania Law Review Online

No abstract provided.