Results for 'IF'
Forum: Sovereign Wealth Funds: Active or Passive Investors?
will be used as political tools justified? If political use of SWFs depends on their control of U.S. firms, the answer is almost certainly “no.” There
Forum: A Brief Defense of the Written Description Requirement
Thus, while enablement is a necessary prong of § 112, it is not the only prong. Even if the specification contains instructions sufficient to make and
The Limits of Enumeration
on. Defenders of federal statutes have always needed to answer the question, “If Congress can do that, what can’t Congress do, other than the things
Ex Ante Review of Leveraged Buyouts
associated with that debt increased. The existing creditors face a real loss if the LBO is a failure and the highly leveraged target does in fact go into
Forum: The Predominance Test: A Judicially Manageable Compactness Standard for Redistricting
cases, compactness standards are paper tigers that could roar, if only state courts could find a consistent way to apply them. This Essay does not add to
The Moral Ambiguity of Public Prosecution
victims of wrongdoing enjoy moral standing of a caliber greater than that of most if not all third parties. By inverting these structures of
Forum: Off-Contract Harms: The Real Effect of Liberal Rescission Rights on Contract Price
of Liberal Rescission Rights on Contract Price This Essay also shows that, even if we assume that Brooks and Stremitzer are correct in arguing that
Forum: Cost-Benefit Analysis of Financial Regulation: A Reply
regulations required or authorized by post-crisis re-regulatory laws are still being finalized and put into practice. Even if legal requirements for
Administrative Severability Clauses
whether an agency intends for a rule to remain in effect if a court were to invalidate a portion of the rule. A recent example, to which we return at
Forum: The Constitution as a Source of Remedial Law
federal law. As applied to equitable remedies, Gallogly’s constitutional default rule is largely consistent with the status quo. If extended to legal