In January, 2015, the NCAA agreed to restore Penn State's football wins, vacated as part of sanctions imposed for the University's handling of the Sandusky sex abuse scandal. This represented a curious end to one of the most attention-grabbing and unusual NCAA enforcement actions in history. In...

The common law “reasonable apprehension of bias” test for judicial disqualification is highly fact and context specific. While there are good reasons for this approach as a general proposition, it also gives rise to considerable uncertainty for both judges and litigants in considering...

This article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law...

Supreme Court in Arjun Panditrao Khotkar (2021) judgment has put an interesting exception to the S.65-B(4)’s certificate requirement: when even after applying to the relevant authority holding the electronic document sought to be proved in evidence and threafter to a court under procedural or...

This essay arises out of a symposium exploring the connection between the political question doctrine and judicial legitimacy in the wake of the Supreme Court’s decision in Rucho v. Common Cause, and more specifically a panel devoted to the implications of Rucho for theories of judgment and...

Every appellate decision typically begins with the standard of appellate review. The Supreme Court has shown considerable interest in selecting the standard of appellate review for particular issues, frequently granting certiorari in order to decide whether de novo or deferential review governs...

This essay, prepared for a volume on the role of law clerks to lower-court judges, includes reflections on clerking for Judge Jane Roth from the author and several of her other past clerks. It also includes observations on clerking more generally, as well as a brief recounting of the author's...

It’s textbook law that temporary restraining orders (TROs) are not appealable. That bright-line rule, however, has never told the whole story. Today, a majority of circuit courts permit appeal of TROs in narrow instances when, for instance, the TRO has the practical effect of an injunction,...