Genocide as a Crime Against Humanity: Legal Codification and Moral Condemnation Abstract:Genocide represents the most heinous form of collective violence: the systematic attempt to annihilate a people not because of what they have done, but because of who they are. It occupies a distinct and grave position within the architecture Read more
Padilla v. Kentucky at 15: How Effective Is the ‘Affirmative Misadvice’ Standard? I. Introduction Fifteen years after the landmark decision in Padilla v. Kentucky, 559 U.S. 356 (2010), the legacy of the Supreme Court’s attempt to constitutionalize immigration advice within the ambit of the Sixth Amendment remains a subject of Read more
Birthright Citizenship Under Attack: Can Congress Overrule Wong Kim Ark? Who was Wong Kim Ark? The question of who qualifies as a citizen at birth in the United States—seemingly settled over a century ago—is once again a subject of legal and political contestation. The Supreme Court’s landmark decision in United Read more
Implied Covenant of Good Faith: The Silent Term in Every ContractFrom Kirke La Shelle v. Armstrong to Employment Terminations I. Introduction: The Unspoken Promise in Contractual Relationships In the architecture of contract law, much attention is devoted to express terms—those commitments clearly articulated and mutually assented to by the parties. Read more
The Public Use Clause: From Kelo to Affordable Housing BattlesWhen “Economic Development” Justifies Condemnation I. Introduction: The Elasticity of “Public Use” The Fifth Amendment of the United States Constitution, ratified in 1791 as part of the Bill of Rights, solemnly asserts that “private property [shall not] be taken for public Read more
What Is a Corporate Lawyer? An Examination of Role, Function, and Ethical Tension In the contemporary global economy, the corporate lawyer occupies a central role as a legal architect, negotiator, and guardian of institutional compliance. Often perceived as the silent force behind mergers, billion-dollar transactions, and regulatory navigation, the corporate Read more
Accession Doctrine: When Does Raw Material Become Someone Else’s Property?From Roman Law to 3D Printing Disputes I. Introduction: The Puzzle of Ownership Transformation The doctrine of accession, a principle rooted in Roman law, addresses a deceptively simple question with profound philosophical and legal implications: When does something that originally belonged Read more
The First Sale Doctrine: Why You Can Resell a Book But Not a Digital SongComparing Kirtsaeng v. Wiley to Software Licensing I. Introduction The First Sale Doctrine is a cornerstone of American copyright law, enshrined in §109 of the U.S. Copyright Act. It limits the rights of copyright holders by Read more
B Corp Certification vs. Shareholder Primacy: Can Hybrid Governance Work? I. Introduction The tension between profit maximization and social responsibility lies at the heart of modern corporate governance. Traditionally, Anglo-American corporate law has been grounded in the principle of shareholder primacy—the notion that a corporation’s ultimate goal is to increase Read more