The New Doctrinalism: Implications for Evidence Theory
This Article revisits and refines the organizing principles of evidence law: case specificity, cost minimization, and equal best. These three… Continue reading →
Volume 163 (2014-2015)
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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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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 Future of Government-Mandated Health Warnings After R.J. Reynolds and American Meat Institute
Government‐mandated disclosures and warnings aimed at promoting public health are ubiquitous. Alcoholic beverage labels bear government warnings against alcohol consumption… Continue reading →
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The Sonnabend Estate and Fair Market Valuation of Canyon
In late 2007, Ileana Sonnabend, a renowned gallerist and art‐scene mainstay, passed away, leaving behind a massive collection of art… Continue reading →
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There's a TV App For That: Putting the “Neutral” Back in Net Neutrality for the App-Based Television Future
In 2013, Netflix became the first non-TV network to win an Emmy. Did this event signal the beginning of the… Continue reading →
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Distinguishing Bildisco in Municipal Bankruptcy: Why the Business Judgment Standard Should Apply to CBA Rejection in Chapter 9
Courts and scholars analyzing Chapter 9 of the Bankruptcy Code have been erroneously applying the Supreme Court’s opinion in NLRB… 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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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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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 →