Bad lawyer ethics may provide entertainment for Americans who are unlikely to rank lawyers as a highly virtuous or ethical group. Yet lawyer ethics are highest on the priority lists of legal organizations and law schools. State bars require continue legal education (CLE) in ethics, and every...

Always-listening devices have sparked new concerns about privacy, but an unexpected solution may have existed for hundreds of years. Public nuisance has been stretched to serve as a basis of liability for some of the most prominent mass tort litigation of our time, such as in suits against...

Election subversion threatens democratic self-governance. Recently, we have seen election officials try to manipulate the rules after an election, defy accepted legal procedures for dispute resolution, and try to delay results or hand an election to a losing candidate. Such actions, if...

Directors owe fiduciary duties of care and loyalty to their corporations, and by extension to their shareholders. When a corporation approaches or enters insolvency, however, courts have recently found that the fiduciary duty calculus may change. Recognizing that creditors have financial...

This article addresses the role of nonenforcement through examples of how regulators have succeeded (and not) in managing the exponential increase in commercial ownership and use of “smart,” autonomous, and optionally piloted flying devices. In doing so, this article appraises UAS regulatory...

It is increasingly common for commentators to argue that common law judicial review and human rights law are merging to form a unified field of public law, characterised by common functions, norms, concepts and methods, and/or that the two fields ought to be so unified. Such commentators...

This Article explores the original meaning of the word “Emolument(s)” in the Constitution. It identifies four common definitions in founding-era political discourse. It places the constitutional use within its context as part of a larger reform movement in Britain and America and as driven...

In 2006 the Delaware Supreme Court handed down a set of opinions, In re Walt Disney Co. Derivative Litigation and Stone v. Ritter, which were intended to clarify the often invoked, but rarely defined, notion of corporate good faith. In doing so, the Court introduced scienter as a key element in...

This article treats the adverse authority of case law in favor of strict attorney liability under the Fair Debt Collection Practices Act. It illustrates legal and procedural aspects of defending an attorney who has been sued pursuant to the FDCPA for unfair debt collection practices. Focused on...