Do the Merits Matter? Empirical Evidence on Shareholder Suits from Options Backdating Litigation
This Article examines a basic question in corporate law: Do the legal merits matter in stockholder litigation? A connection between… Continue reading →
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“Ideology” or “Situation Sense”? An Experimental Investigation of Motivated Reasoning and Professional Judgment
This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to… Continue reading →
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Adapting Copyright for the Mashup Generation
Growing out of the rap and hip hop genres as well as advances in digital editing tools, music mashups have… Continue reading →
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A National Study of Access to Counsel in Immigration Court
Although immigrants have a right to be represented by counsel in immigration court, it has long been the case that… Continue reading →
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Toward a Pigouvian State
Most economists believe that the government should impose Pigouvian taxes on firms that produce negative externalities like pollution, yet regulatory… Continue reading →
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Antitrust in Zero-Price Markets: Foundations
“Zero‐price markets,” wherein firms set the price of their goods or services at $0, have exploded in quantity and variety.… Continue reading →
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Legal Realism and the Conflict of Laws
What did legal realism bring to the conflict of laws? Why was the realist critique of the received wisdom so… Continue reading →
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The Persistence of System in Property Law
According to conventional wisdom, property has disintegrated. Property law has undergone many changes since the heyday of Legal Realism, and… Continue reading →
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Intuitive Formalism in Contract
This Article starts with the proposition that most American contracting is consumer contracting, posits that consumer contracting has particular and… Continue reading →
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Reasonableness In and Out of Negligence Law
The law’s use of the terms “reasonable” and “unreasonable” are legion and notorious. Indeed, the law’s seemingly carefree attitude in… Continue reading →