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- December 2020 (Revised September 2021)
- Case
PG&E and the First Climate Change Bankruptcy
By: Stuart C. Gilson and Sarah L. Abbott
In early 2020, the California-based utility PG&E filed a second amended plan of reorganization. PG&E had filed for Chapter 11 bankruptcy in the face of more than $30 billion of legal claims brought against it for its alleged role in causing California wildfires. The...
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- March 2019
- Article
Antitrust as Speech Control
By: Hillary Greene and Dennis Yao
Antitrust law, at times, dictates who, when, and about what people can and cannot speak. It would seem then that the First Amendment might have something to say about those constraints. And it does, though perhaps less directly and to a lesser degree than one might...
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- March 2018 (Revised November 2018)
- Case
Managing Religion in the Workplace: Abercrombie & Fitch and Masterpiece Cakeshop
By: Derek van Bever
Challenges related to managing religion in the workplace are on the rise, as are religious discrimination claims and monetary settlements, in the United States and around the world. This case examines two incidents of alleged religious discrimination that made their...
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- January 2016 (Revised February 2016)
- Case
Citizens United and Corporate Speech
By: David Moss and Marc Campasano
The story of Citizens United began in late 2007, as leading members of the Republican and Democratic parties were preparing for the 2008 presidential primaries. Democrats expected a three-way contest in their party between Senator Barack Obama of Illinois, Senator (and...
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- April 2015 (Revised July 2015)
- Case
Proxy Access at Whole Foods
By: Jay Lorsch and Emily McTague
Proxy access grants shareholders meeting certain ownership requirements the right to nominate directors for election to the board without going through a typical proxy contest. In August 2010 the SEC approved a rule granting proxy access for shareholders meeting...
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- January 2014 (Revised February 2016)
- Case
U.S. Government Debt and the Debate over a Balanced Budget Amendment
By: Matthew Weinzierl, Katrina Flanagan and Alastair Su
In the first decade of the 21st century, national debt as a share of GDP rose dramatically in the United States and across the developed world. This case consists of excerpts from leading commentators explaining and commenting on this trend and the economic and moral...
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- January 2007 (Revised August 2007)
- Case
Lobbying for Love? Southwest Airlines and the Wright Amendment
By: Felix Oberholzer-Gee, Dennis A. Yao, Libby Cantrill and Patricia Wu
The fall of 2004 brought exciting news to Love Field, the Texas headquarters of Southwest Airlines. Delta Airlines, one of Southwest's main competitors, had announced that it would dramatically decrease service from the nearby Dallas/Fort Worth International (DFW)...
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- 2000
- Working Paper
The Logic of the First Amendment
By: Clifford G. Holderness, Michael C. Jensen and William H. Meckling
We develop a framework that is applicable to all freedom of expression disputes. Our framework is based on the meaning of freedom which is based on the meaning of scarcity, and which, in turn, is based on the existence of physical incompatibilities. To maximize...
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