Realism and Revolution in Conflict of Laws: In With a Bang and Out With a Whimper
Conflict of laws scholarship in the United States in the middle half of the twentieth century produced what is commonly… Continue reading →
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Corporate Law Doctrine and the Legacy of American Legal Realism
In this contribution to a symposium on “Legal Realism and Legal Doctrine,” I examine the role that jurisprudence plays in… Continue reading →
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"Looking Backward" to 1938
It is a pleasure to contribute to this celebration of the seventy-fifth anniversary of the Federal Rules. As one who… Continue reading →
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Funding Terror
The events of September 11, 2001, forever changed the political and legal responses to terrorism. After more than ten years,… Continue reading →
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Constitutional Colorblindness and the Family
Family law has escaped the colorblindness revolution. During the same time frame that the Supreme Court has adopted increasingly stringent… Continue reading →
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Why Do Retail Investors Make Costly Mistakes? An Experiment on Mutual Fund Choice
Congress has recently acknowledged the need for a better understanding of investor behavior. In the Dodd–Frank Act, Congress instructed the… Continue reading →
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Collateral Compliance
As most of us are aware, noncompliance with the tax law can lead to tax penalties, which almost always take… Continue reading →
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Insider Trading via the Corporation
A U.S. firm buying and selling its own shares in the open market can trade on inside information more easily… Continue reading →
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Bureaucracy at the Boundary
The traditional view of the federal administrative state imagines a bureaucracy consisting entirely of executive agencies under the control of… Continue reading →
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Selling State Borders
The relationship between state sovereignty and state territory in the United States is more complex, interesting, and unstable than the… Continue reading →