Archive | October, 2009

Pro Bono Work on Holocaust Survivor Pensions

I have mentioned before that my father is a Holocaust survivor, and in this post I wanted to recognize some outstanding pro bono legal work performed on my father’s behalf in applying for and obtaining pension benefits from the German government. In particular, I want to recognize two lawyers for their tireless efforts: Phyllis Brochstein […]

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My Findlaw Column on Alvarez v. Smith – A Key Property Rights Case Argued Before the Supreme Court Today

Findlaw has just posted a column I wrote on Alvarez v. Smith, an important Fourteenth Amendment Due Process Clause property rights case that was heard by the Supreme Court today: Today, the Supreme Court hears Alvarez v. Smith, an important case that will affect the constitutional property rights of many people around the country but […]

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Treasury Inc.: Is the Government a Controlling Shareholder?

In my last post I opened a discussion about my new paper, Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice, which you can download here.  My thesis is that corporate law and theory goes haywire when the government, while enjoying sovereign immunity protection from corporate and securities law, takes control of a company […]

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Is Justice Sotomayor Concerned about the Cost of Class-Actions?

Yesterday, with little fanfare, Justice Kennedy filed an statement respecting the denial of the petition for a write of certiorari in DTD Enterprises v. Wells.  It reads: This case began with a contract action brought by DTD Enterprises, Inc. (hereinafter petitioner), a commercial dating-referral service, against respondent, one of peti-tioner’s customers. The suit alleged that […]

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Pitfalls of Paternalism

In recent years, advocates of paternalistic policies, such as economist Richard Thaler, argue that government-appointed experts should limit the choices available to consumers in order to prevent them from making poor decisions because of ignorance or cognitive bias. After all, they claim, experts are likely to know better than ordinary consumers which products are too […]

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Treasury Incorporated

As a longtime fan of The Volokh Conspiracy, it’s a particular honor to join you today.  I admit spending much class time in law school surfing Volokh rather than taking notes, and it was often a wiser investment (not true for my students of course).  The financial crisis has made it an exciting time to […]

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Careful With That Pronoun

From The Guardian (UK) (emphasis added): The existence of a previously secret injunction against the media by oil traders Trafigura can now be revealed. Within the past hour Trafigura’s legal firm, Carter-Ruck, has withdrawn its opposition to the Guardian reporting proceedings in parliament that revealed its existence. UPDATE: Some commenters pointed out that “its” isn’t […]

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Too fat to be Governor?

The seven deadly sins are lust, gluttony, greed, sloth, wrath, envy, and pride. Numbers one and three have felled many politicans in recent memory. But in the New Jersey governor’s race, #2 appears to be affecting the race. A recent ad by incumbent Democratic Governor Jon Corzine accuses Republican challenger Chris Christie of “throwing his weight around” […]

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Police Department Psychological Consulting Contract Terminated Because of CEO’s Anti-Homosexuality Political Activity:

A very interesting and, as best I can tell, almost entirely unnoticed court case, Campion, Barrow & Assocs. of Ill. v. City of Minneapolis (decided Aug. 11, though I just saw the first reference to it a few days ago). Some excerpts: [Facts:] Since it was founded in the 1970s, CBA [Campion, Barrow & Assocs.] […]

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