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 →
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Family Law's Doctrines
The father of the American law school, Christopher Columbus Langdell, famously conceptualized the law as akin to science. On this… 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 →