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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Equity's Unstated Domain: The Role of Equity in Shaping Copyright Law
As used today, the term “equity” connotes a variety of related, but nonetheless distinct, ideas. In most contexts, equity refers… Continue reading →
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Nine Takes on Indeterminacy, With Special Emphasis on the Criminal Law
The claim that legal disputes have no determinate answer is an old one. The worry is one that assails every… Continue reading →
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Legal Realism and Legal Doctrine
The American Legal Realists did not reject doctrine, because they did not reject the idea that judges decide cases in… Continue reading →