Two Timing the Law
Imagine a benighted student of the law, devoted to attaining a secure professional qualification by learning the rules and passing… Continue reading →
Response
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Must the Hand Formula Not Be Named?
Benjamin Zipursky’s Reasonableness In and Out of Negligence Law is a characteristically thoughtful, sensible, and learned discussion of the idea… Continue reading →
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The Functions of Family Law
Melissa Murray’s Family Law’s Doctrines provides a fascinating case study of legal parentage cases involving assisted reproductive technology, where judges… Continue reading →
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The Law of Evidence and the Practice of Theory
Theoretical inquiries into the nature and functions of legal doctrine typically focus on adjudication. These inquiries explore, for example, whether… Continue reading →
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Property and the New Doctrinalism: Comment
A colleague of mine has a simple piece of advice for any student planning to write on a private law… Continue reading →
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The Long Shadow of Doctrine
This Symposium presents an imagined conflict and then a puzzle. The conflict dates back to the 1930s, when American Legal… Continue reading →
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Some Skepticism About Skepticism: A Comment on Katz
Several different, if related, questions are swirling about in this fascinating and wide‐ranging symposium. One question asks whether “law” is… Continue reading →
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The “Equity of the Statute” and Copyright Law: Three Critiques
In their ambitious Article, Shyam Balganesh and Gideon Parchomovsky seek to make sense of the Supreme Court’s recent copyright jurisprudence.… Continue reading →
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If Professions Are Just "Cartels By Another Name," What Should We Do About It?
The state action doctrine has been a significant impediment in the campaign against anticompetitive conduct by provider‐dominated state licensing boards.… Continue reading →
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Tilting at Insider Trading Windmills
In Insider Trading via the Corporation, Professor Jesse M. Fried expresses his frustration that “when insiders are subject to strict… Continue reading →