Confidentiality agreements in employment contracts go far beyond protecting statutory trade secrets. Many generate excessively broad confidentiality obligations that can be used to prevent workers from competing after they leave. Contrary to common wisdom, however, courts have begun striking down excessively-broad confidentiality agreements using their authority under state noncompete laws.
We offer the first general theory of real estate investment trusts. Investors embrace REITs, despite limited managerial accountability and business flexibility, as an emergent solution to investor conflict inherent in real estate ventures. This theory explains REITs’ explosive growth, provides a framework for reform, and illuminates central governance debates.
For decades, scholars have described the “New Federalism” as a revolution in American law. This Feature breaks new ground by documenting the critical role of disability cases in the 1970s and 1980s in laying the groundwork. The pattern continues today—suggesting that the revolution is far from over.
In TransUnion, the Supreme Court transformed standing doctrine, intensifying the injury-in-fact requirement. This Note investigates how federal courts have applied TransUnion’s heightened view of standing to either obstruct or permit state wage-and-hour claims. These cases elucidate how standing affects employee-litigants’ substantive outcomes, and, contrary to popular wisdom, implicates federalism values.
Federal Indian law is sometimes seen as a purely domestic part of American law, but its origins are in the law of nations. Recognizing the important role that the law of nations played in the foundations of federal Indian law underscores the deep roots of tribal sovereignty in American law.
Thanks to an ambiguity in civil-rights statutes passed under Congress’s spending power, many programs enjoy ample financial benefits while avoiding the requirements of federal antidiscrimination laws. This Essay argues that the remedy lies in a statutory reading that aligns with the expansive nature of the civil-rights statutes themselves.
For the first time in years, in the Purdue Pharma opioids litigation, the Court is reviewing an unorthodox bankruptcy maneuver aimed at securing global settlement. This Essay critiques corporate defendants’ increasingly common turn to bankruptcy to shut down, or avoid altogether, complex civil litigation and the public goods it generates.
In 303 Creative v. Elenis, the Supreme Court ruled that a business had a right to refuse to design a wedding website for a same-sex couple. But properly understood, the decision’s parameters are narrow, and the decision should have minimal effect on public accommodations laws.
The Biden Administration has perpetuated many of the prior administration’s hostile policies undermining access to asylum at the southern border. This Essay first examines these policies and then identifies emerging opportunities for law school clinics to address these new challenges, including by serving asylum seekers south of the U.S.-Mexico border.
In the increasingly globalized modern economy, large corporate actors have long operated with relative impunity for transnational human-rights abuses committed in the name of profit maximization. This Collection explores perspectives from a range of voices engaged in the fight for corporate accountability in both the United States and abroad.
Administrative law faces a critical juncture. Settled doctrines ranging from deference to agency interpretations of statutes to delegations of executive power have been destabilized. And earlier this year, Justice Breyer—himself an administrative-law scholar—retired from the Supreme Court. We publish this Collection as a tribute to his judicial legacy.
As law-school clinics assume a growing role in legal education, instructors, students, and community partners have used clinics to test novel, sometimes radical lawyering approaches. This Collection draws from those experiments, using case studies from family defense, immigration, and worker rights to explore the relationship between law and social movements.