The Canon of Natural Law Avoidance

By William Harren. The relationship between natural law and positive law represents one of the oldest unresolved questions in American jurisprudence. When Thomas Jefferson wrote, “[w]e hold these truths to be self-evident, that all men are created equal,” he invoked natural…
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American Exceptionalism And/In Affirmative Action

By Lucy Williams.In 2014, a nonprofit group called Students for Fair Admissions (“SFFA”) filed two lawsuits challenging the use of race in university admissions. In one suit, against Harvard College, SFFA alleged that Harvard’s admission policies violate Title VI of…
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Resolving Equity’s Erie Problem

By Andrea Olson.It is an open secret that equity has an Erie problem. In 1945, the Supreme Court insisted that federal courts sitting in diversity must apply certain general equitable principles when faced with suits seeking equitable relief, even for…
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Chapter 11’s Inclusivity Problem

By Sarah Paterson & Adrian Walters. This Article rests on four premises: (i) that modern market participant frequently seek legal tools to compromise selected liabilities and not all the liabilities of the firm; (ii) that it is difficult to achieve a…
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