Constitutional Bad Faith
Pozen, David, Constitutional Bad Faith (October 12, 2015). 129 Harvard Law Review (forthcoming 2016). Available for download at SSRN: http://ssrn.com/abstract=2672386 “The concepts of good faith and bad faith play a central role in many areas of private law and international law. Typically associated with honesty, loyalty, and fair dealing, good faith is said to supply …