The Value of the Right to Exclude: An Empirical Assessment
Property theorists have long deemed the right to exclude as fundamental and essential for the efficient use and allocation of… Continue reading →
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Class Action Notice in the Digital Age
Technology is advancing dramatically each year, reshaping our society in the process. Despite these rapid changes, however, many federal courts… Continue reading →
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Improving the Patent System by Encouraging Intentional Infringement: The Beneficial Use Standard of Patents
With the growing importance of intellectual property in the global economy, “patent infringement” has become a dirty phrase for patentees… Continue reading →
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On Mandatory Labeling, with Special Reference to Genetically Modified Foods
As a result of movements for labeling food with genetically modified organisms (GMOs), Congress enacted a mandatory labeling requirement in… Continue reading →
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Freedom of Information Beyond the Freedom of Information Act
The U.S. Freedom of Information Act (FOIA) allows any person to request any agency record for any reason. This model… Continue reading →
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Will Tax Reform Be Stable?
Stability is essential to any reform’s success, yet it is hardly guaranteed. This is particularly true in tax policy, where… Continue reading →
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Independent Directors and Controlling Shareholders
Independent directors are an important feature of modern corporate law. Courts and lawmakers around the world increasingly rely on these… Continue reading →
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Class Actions and the Counterrevolution Against Federal Litigation
“To a hammer, everything looks like a nail. And to a Court bent on diminishing the usefulness of Rule 23,… Continue reading →
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Jacobins at Justice: The (Failed) Class Action Revolution of 1978 and the Puzzle of American Procedural Economy
In 1978, top DOJ officials in the Carter Administration floated a revolutionary proposal that would have remade the consumer class… Continue reading →
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The Short Life and Long Afterlife of the Mass Tort Class Action
Modern class action litigation began in 1966, when the Federal Civil Rules Advisory Committee completed a revolutionary set of revisions… Continue reading →