In traditional corporate law, plaintiffs must rely on the common law doctrine of piercing the corporate veil to hold shareholders responsible for a corporation’s liabilities. Courts generally respect the decisions of corporate planners and rarely pierce the veil. But some corporate law scholars have grown frustrated with the traditional doctrine of veil piercing, calling it […]
This Article provides a new theoretical account of dormancy, one of the oldest and most controversial concepts in American constitutionalism. Despite familiar and repeated scholarly claims that the Dormant Commerce Clause, Dormant Admiralty Clause, and dormant foreign-affairs doctrines are unjustiﬁable, dormancy has been with us since the beginning and exists in several doctrinal instantiations today. […]
Many laws address the ﬂow of information between private parties. Familiar examples include the torts of deceit, negligent misrepresentation, nondisclosure, and defamation; criminal fraud statutes; securities law, which includes both disclosure duties and penalties for false statements; false advertising law; labeling requirements for food, drugs, and other consumer goods; and, according to recent scholarship, information-forcing […]
In the United States, a movement urging forbidding sperm-donor anonymity is rapidly gaining steam. Naomi Cahn is among its most passionate and thoughtful supporters. In this Response, I explain why I think this movement and its goals are misguided, using Cahn’s article as my jumping off point. . . . Download PDF for full article.
Over the past century, the Supreme Court has articulated numerous doctrines that protect family privacy. These doctrines are not, however, well-suited to the brave new world of families formed through donor eggs, sperm, and embryos. As the number of donor-conceived children born to same-sex and heterosexual couples and to single parents increases, and as these […]