Critics scoffed when Hertz tried to finance its bankruptcy by issuing new stock. Anthony J. Casey & Joshua C. Macey argue that the "Hertz maneuver" highlights distortions created by bankruptcy law's "absolute priority" rule.
Category: Post
According to David Zaring, President Trump's judicial appointees are younger and spent less time in private practice—and more in politics—than past administrations' appointees.
Lindsay Milliken details the history of a promising (and forgotten) regulatory avenue for addressing high-skilled labor shortages in the United States.
Paul Finkelman examines Chief Justice John Marshall's personal relationship with slavery in this Essay—the first in a two-part series.
Chief Justice John Marshall consistently sided with slaveowners in slavery cases. Paul Finkelman explains in this second Essay.
Josh Blackman offers his tongue-in-cheek summary of the historic October Term 2019—when the Court decided Seila Law.
Jonathan Adler argues that Seila Law, like many cases this past term, exemplifies the Roberts Court's conservative minimalism.
Lisa Schultz Bressman argues that Seila Law reveals protecting liberty and preventing abuse of power are the first principles of Chief Justice John Roberts' administrative law.
Jack M. Beermann contends that the Seila Law majority's distinction between multimember and single-headed independent agencies lacks legal and historical support and lays the groundwork for invalidating independent agencies altogether.
The core disagreement in Seila Law, writes David A. Strauss, was about historical practice and its role in determining what the Constitution requires.