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Full-Text Articles in Law
Insurance Policies: The Grandparents Of Contractual Black Holes, Chris French
Insurance Policies: The Grandparents Of Contractual Black Holes, Chris French
Journal Articles
In their recent article, The Black Hole Problem in Commercial Boilerplate, Professors Stephen Choi, Mitu Gulati, and Robert Scott identify a phenomenon found in standardized contracts they describe as “contractual black holes.” The concept of black holes comes from theoretical physics. Under the original hypothesis, the gravitational pull of a black hole is so strong that once light or information is pulled past an event horizon into a black hole, it cannot escape. In recent years, the theory has been reformulated and now the hypothesis is that some information can escape, but it is so degraded that it is virtually …
Justice Scalia's Rule Of Law And Law Of Takings, Nicole Stelle Garnett
Justice Scalia's Rule Of Law And Law Of Takings, Nicole Stelle Garnett
Journal Articles
This short essay reviews the regulatory takings legacy of Justice Antonin Scalia, evaluating both its impact on the Supreme Court's takings canon and its consistency with his stated jurisprudential principles.
From A Muddle To A Mudslide: Murr V. Wisconsin, Nicole Stelle Garnett
From A Muddle To A Mudslide: Murr V. Wisconsin, Nicole Stelle Garnett
Journal Articles
This article analyzes the U.S. Supreme Court's most-recent regulatory takings decision, Murr v. Wisconsin, concluding that the decision further muddies the takings waters and threatens to undermine the already-limited protection of private property provided by the Fifth Amendment's Takings Clause.