Article

What good is Article V? The Constitution’s amendment rule renders the text inflexible, countermajoritarian, and insensitive to important contemporary constituencies.… Continue reading →

Impersonal default rules, chosen by private or public institutions, establish settings and starting points for countless goods and activities—cell phones,… Continue reading →

Lawyers and judges speak to each other in a language of precedents – decisions from cases that have come before.… Continue reading →

Scholars engaged in empirical legal research have long struggled to balance the methodological demands of social science with the normative… Continue reading →

Should preferred stock be treated under corporate law as an equity interest in the issuing corporation or under contract law… Continue reading →

An architectural principle known as protocol layering is widely recognized as one of the foundations of the Internet’s success. In… Continue reading →

Contract is the primary means through which creditors control a firm’s debt– equity conflict. There is an irony here, however.… Continue reading →

One of the most astounding and largely underappreciated developments accompanying the recent proliferation of mass-market computer technology has been the… Continue reading →

This Article considers one of the challenges of this evolution: the role of intermediaries’ liability for the harm they cause… Continue reading →

Antitrust agencies around the world are increasingly focusing on digital indus- tries. Critics have justifiably questioned the ability of competition… Continue reading →