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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Priority Matters: Absolute Priority, Relative Priority, and the Costs of Bankruptcy
Chapter 11 of the Bankruptcy Code is organized around the absolute priority rule. This rule mandates the rank‐ordering of claims.… Continue reading →
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“A Radical Proposal”: The Multidistrict Litigation Act of 1968
One of the central stories in current procedural law is the recent and rapid ascendance of federal multidistrict litigation, or,… Continue reading →
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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 →