Annoy No Cop
The objective of the legality principle is to promote autonomy by providing individuals with opportunities to plan courses of conduct… Continue reading →
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Our Regionalism
This Article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal… Continue reading →
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Copyright as Market Prospect
For many decades now, copyright jurisprudence and scholarship have looked to the common law of torts—principally trespass and negligence—in order… Continue reading →
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Contested Visions: The Value of Systems Theory for Corporate Law
Despite the dominant role corporations play in our economy, culture, and politics, the nature and purpose of corporations remain hotly… Continue reading →
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Delegating for Trust
Courts and legal observers have long been concerned by the scope of authority delegated to administrative agencies. The dominant explanation… Continue reading →
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Unorthodox Civil Procedure: Modern Multidistrict Litigation’s Place in the Textbook Understandings of Procedure
Multidistrict litigation (MDL) is unorthodox, modern civil procedure. It is an old‐but‐new procedural tool that significantly disrupts decades of worked‐out… Continue reading →
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“Vital” State Interests: From Representative Actions for Fair Labor Standards to Pooled Trusts, Class Actions, and MDLs in the Federal Courts
This Article maps the transformation of constitutional understandings of the forms of aggregation that due process permits by putting these… Continue reading →