Since the Founding, Supreme Court justices have enjoyed life tenure. This helps insulate the justices from political pressures, but it also results in unpredictable deaths and strategic retirements determining the timing of Court vacancies. In order to regularize the appointment process, a...

A model of negligence in common law jurisdictions is a conceptual structure that basically seeks to align the three legal concepts used by courts to administer negligence law with the three substantive elements that constitute, justify and limit negligence liability. The three legal concepts are...

This Article first provides an overview of the Section 14(a) of the Securities Exchange Act of 1934 private right of action. Thereafter, the Article explores the implication of rights of action generally under federal law as well as the development of the implied right, its elements, and scope...

This paper investigates stock and option market reactions to judicial events in the United States Supreme Court (SC) relating to cases where at least one party involved is a public firm. Using a comprehensive dataset of more than 500 SC cases from 1948 to 2018, we find that the stock market...

In a decision that delighted "deep pockets," shocked the plaintiffs' bar, and befuddled neutral observers, the Supreme Court in Central Bank of Denver v. First Interstate Bank of Denver held that aiding and abetting liability in private actions may not be imposed under section 10 (b) of the...

The parties’ right to be heard in court is a central aspect of due process. It has been decades of routine practice that the defendant in preliminary injunction proceedings has been heard only in the oral hearing upon objection, i.e., after the preliminary injunction had already issued - and...

Inspired by the recent activation of the ultra vires review of the Federal Constitutional Court (FCC) of Germany, the article analyzes one of its restrictive elements: the concept of obviousness and its concretization through objective arbitrariness. These concepts are used with good intentions...

In 1981, while in the FTC's Bureau of Consumer Protection, two of the authors were instrumental in initiating the FTC's fraud program, relying on Section 13(b)'s authority to obtain a permanent injunction to seek equitable relief, including asset freezes and consumer redress. The fraud program...

This article provides extended summaries and (separately) the author's take on every employment and labor law decision rendered by the Supreme Court during its most recent term. Also covered in this piece are abbreviated reviews of all grants of certiorari for the upcoming term and short...

The German Constitutional Court’s recent challenge to European law supremacy, and European lawyers’ strident critique of it, misdirect the conversation we need to have. The German Constitutional Court wants us to focus on a surplus of European Union power, the European Court of Justice’s...