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Padilla v. Kentucky at 15: How Effective Is the ‘Affirmative Misadvice’ Standard?

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 scholarly and practical debate. The ruling held that criminal defense attorneys must advise non-citizen clients about the deportation risks of guilty pleas. Yet, the Court Read more

By Tsvety, ago

Birthright Citizenship Under Attack: Can Congress Overrule Wong Kim Ark?

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 States v. Wong Kim Ark (1898) has long stood as the definitive interpretation of the Fourteenth Amendment’s Citizenship Clause, guaranteeing birthright citizenship to nearly all Read more

By Tsvety, ago

Implied Covenant of Good Faith: The Silent Term in Every Contract

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. Yet, nestled silently within nearly every contract is an unexpressed but potent obligation: the implied covenant of good faith and fair dealing. This principle ensures Read more

By Tsvety, ago

The Public Use Clause: From Kelo to Affordable Housing Battles

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 use, without just compensation.” At face value, this clause—commonly referred to as the Takings Clause or the Public Use Clause—strikes a balance between the state’s Read more

By Tsvety, ago

What Is a Corporate Lawyer? An Examination of Role, Function, and Ethical Tension

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 lawyer’s function extends far beyond mere document drafting or courtroom appearances. Rather, it embodies a hybrid identity at the intersection of commerce, governance, and law. Read more

By Tsvety, ago

Accession Doctrine: When Does Raw Material Become Someone Else’s Property?

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 to one person become the property of another through transformation or attachment? This problem arises wherever raw materials are altered or combined with other objects Read more

By Tsvety, ago

The First Sale Doctrine: Why You Can Resell a Book But Not a Digital Song

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 permitting the lawful owner of a copyrighted work to resell, lend, or otherwise dispose of that particular copy without the copyright holder’s permission. This doctrine Read more

By Tsvety, ago

B Corp Certification vs. Shareholder Primacy: Can Hybrid Governance Work?

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 shareholder value. However, the emergence of the B Corporation certification and the broader benefit corporation legal structure marks a conscious shift toward a more inclusive Read more

By Tsvety, ago

Extraterritoriality: Can One Nation Prosecute Crimes Abroad?

Extraterritoriality: Can One Nation Prosecute Crimes Abroad? The principle of extraterritoriality—where a state asserts legal jurisdiction over conduct occurring outside its territory—stands as one of the most debated doctrines in international law. It treads a delicate line between the imperatives of global justice and the foundational norms of state sovereignty. The central question remains: Can one nation prosecute crimes committed abroad, and if so, under what conditions and legal justifications? The answer depends on a Read more

By Tsvety, ago