Ghost in the Network
Cyberattacks are inevitable and widespread. Existing scholarship on cyberespionage and cyberwar is undermined by its futile obsession with preventing attacks.… Continue reading →
Issue 5
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Cartels by Another Name: Should Licensed Occupations Face Antitrust Scrutiny?
It has been over a hundred years since George Bernard Shaw wrote that “[a]ll professions are a conspiracy against the… Continue reading →
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The Function of Article V
What good is Article V? The Constitution’s amendment rule renders the text inflexible, countermajoritarian, and insensitive to important contemporary constituencies.… Continue reading →
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Letters of Intent in Corporate Negotiations: Using Hostage Exchanges and Legal Uncertainty to Promote Compliance
Letters of intent (LOIs) are fundamental building blocks of many corporate transactions. Although their form and terms vary, LOIs are… Continue reading →
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Towards a Unified Theory of "Reverse-Erie"
A “reverse-Erie” problem arises when a state court is hearing a federal cause of action and confronts a situation in… Continue reading →