In the Media

By Ronald Mann
Yesterday’s opinion in Mission Product Holdings Inc. v. Tempnology, LLC resolved a long-standing disagreement in the lower courts about what happens when a debtor exercises its statutory right to reject a contract in bankruptcy. . . . Justice Elena Kagan’s opinion for the Supreme Court gives us a clear answer: Rejection breaches but does not rescind the contract in question.

By Philip Bobbitt
. . . one can’t help questioning whether what has happened in recent years is a refusal to see what is required to defend the values of freedom, democracy, the rule of law and human rights—or whether it is adherence to the values themselves that is changing.

AARTI SHAHANI: Tim Wu figured Facebook would hire someone who was the opposite of Newstead.
TIM WU: I was a little shocked, taken aback.
SHAHANI: Wu, a law professor at Columbia University, once met the incoming Facebook lawyer at a party. They'd both clerked for Supreme Court Justice Stephen Breyer, and he was the host. Wu is a privacy advocate. He says Facebook needs to clean up its reputation, prove to users the company wants to protect them - by bringing in a Patriot Act architect.

By John C. Coffee Jr.
The SEC and Elon Musk need to reach a settlement fast. Although Musk continues to trip over his oversized ego and sense of his own infallibility, the SEC is facing its own serious problem: Can it still enforce the consent decrees that it relies upon to make companies and executives comply with its settlements?

By Tim Wu
Mass privacy is the freedom to act without being watched and thus in a sense, to be who we really are — not who we want others to think we are. At stake, then, is something akin to the soul.

By Jedediah Britton-Purdy
Since the literal frontier closed more than a century ago, the conceit of limitlessness has served to justify expanding America’s borders into first a worldwide military empire and then commercial globalization.

By Jennifer Rodgers
As is often pointed out, the President has very broad pardon power pursuant to Article II of the Constitution. But the pardons the President has issued thus far demonstrate a capricious use of that power, because unlike other presidents before him, Trump has completely bypassed the Department of Justice Office of the Pardon Attorney.