January 22, 2011
Win Some, Lose Some
"Win": My short piece arguing that the majority in Citizens United embraced a presumption in favor of the nexus-of-contracts theory of the firm has been posted by the Harvard Business Law Review Online.
"Lose": My documented prediction that SCOTUS would affirm the Third Circuit's conclusion that corporations have the ability to claim personal privacy rights under FOIA appears to be faring badly.
All of which reminds me of the story about how, when it comes to picking winners and losers, it is often too soon to tell.