Realism and Revolution in Conflict of Laws: In With a Bang and Out With a Whimper
Conflict of laws scholarship in the United States in the middle half of the twentieth century produced what is commonly… 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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The Inexorable Radicalization of Textualism
Some scholars have recently suggested that textualism, intentionalism, and purposivism are more similar than is generally realized. These new “accommodationist”… Continue reading →
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Corporate Law Doctrine and the Legacy of American Legal Realism
In this contribution to a symposium on “Legal Realism and Legal Doctrine,” I examine the role that jurisprudence plays in… Continue reading →
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The Post-Chicago Antitrust Revolution: A Retrospective
A symposium examining the contributions of the post-Chicago School provides an appropriate opportunity to offer some thoughts on both the… Continue reading →
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The Role of Antitrust in Preventing Patent Holdup
Patent holdup has proven one of the most controversial topics in innovation policy, in part because companies with a vested… Continue reading →