Introduction The relevance of historical facts to constitutional law has never been greater or more contested in our legal system. In an increasingly wide range of cases involving everything from abortion[1] and gun rights[2] to trademark law[3] and agency funding,[4] a majority of the Justices have invoked historical facts to ground their decisions, even as […] Continue Reading >
The Singular Role of Public Pension Funds in Corporate Governance
The Singular Role of Public Pension Funds in Corporate Governance
Introduction U.S. public pension funds manage more than $6 trillion in assets.[1] The law, policy, and public debates about how they should manage this money are based on a theoretical model that is descriptively inaccurate and yields policy proposals that render corporations less accountable to the public. This Article provides an alternative model that reflects […] Continue Reading >
Catching Pokémon, Not Tax Bills
Applying History as Law: The Role of Historical Facts in Implementing Constitutional Doctrine
Introduction What if we told you that you could play a unique and magical game for free? What if we told you this game would let you chase fantastical creatures across your neighborhood, turning your daily stroll into an epic adventure? What if we told you that millions of people have already done exactly this, […] Continue Reading >
The Singular Role of Public Pension Funds in Corporate Governance
Who Authorizes the Authorizers: The Problem with Professor Markovits’s Jurisprudence
Introduction I strongly believe that the Constitution is basically indefensible with regard to what have become widely accepted twenty-first century criteria for identifying a political system as ‘democratic.’ —Sanford Levinson[1] Do the cords of antiquity bind us to a constitution—and a conception of justice—imposed by the past? Or do “We the People” stand over the […] Continue Reading >
The State of Charity Care in the United States: Holding Nonprofit Hospitals Accountable for Their Tax Exemptions
Introduction A health system in the Midwest withholds medical care from patients who have $4,500 or more of unpaid debt.[1] A busy university hospital in Manhattan has emergency room nurses redirecting homeless patients to a public hospital that primarily serves the poor, while reserving a special room in its emergency department for V.I.P.s.[2] Another hospital […] Continue Reading >