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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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 →
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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 →