Professor Finds Flaw in AIG Ruling

On June 15, Judge Thomas Wheeler issued a decision in the high-profile AIG bailout case, but that ruling has a critical problem according to Visiting Associate Professor of Law Michael P. Goodman. In an op-ed for National Law Journal, Professor Goodman points out that the case—based on the takings clause of the Fifth Amendment—must be decided by an Article III judge with a lifetime appointment. Judge Wheeler serves on the U.S. Court of Federal Claims, an Article I court subject to the control of Congress and the president. Professor Goodman's conclusion is based on research described in one of his recent papers in theVillanova Law Review.