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Forum: Politics and Judicial Ethics: A Historical Perspective
has previously served as counsel for a party. Today, all federal judges, including Justices, are also bound by their oath of office and by 28 U.S.C
Forum: Remand Without Vacatur in a Changing Environment
part of a regulatory dialogue between agencies and courts. As Allied-Signal recognized, an agency’s subsequent actions can undo a court’s remedy
Forum: A Procedural Rule and a Substantive Problem: Legislative Hawks and the Concentration of Power in Georgia’s Speaker of the House
legislatures. By and large, courts have adopted a laissez-faire attitude about the way that legislatures may organize themselves. As long as the selection of
Innocent Abroad? Morrison, Vilar, and the Extraterritorial Application of the Exchange Act
application of § 10(b) abroad would produce, and urge the adoption of a clear test that will avoid that consequence. The transactional test we have adopted
Forum: Not Reasonably Accessible Information and Allocating Discovery Costs
the increased costs and burdens of electronic discovery are likely to generate new arguments as to the limits of this authority, with a corresponding
Abe Krash
The Yale Law Journal - Abe Krash Abe Krash Tribute 115 Yale L.J. 505 (2005)
A Progressive Visionary: Stephen Reinhardt and the First Amendment
Yale Law Journal - A Progressive Visionary: Stephen Reinhardt and the First Amendment THIS TRIBUTE IS PART OF A Collection In 1980, Stephen Reinhardt
Absolute Priority, Valuation Uncertainty, and the Reorganization Bargain
Yale Law Journal - Absolute Priority, Valuation Uncertainty, and the Reorganization Bargain
Forum: The Proceduralist Inversion – A Response to Skeel
another creditor has been paid in full. To the extent that these agreements are merely bilateral, they can be asserted as a matter of contract between the
Forum: Superstatutory Entrenchment: A Positive and Normative Interrogatory
that they are entrenched against repeal, avoidance, and desuetude. Statutes become entrenched, Eskridge and Ferejohn argue, when they unfold from a