The Underwhelming Benefits of Big Data
In his Response to Professor Schwartz, Professor Ohm contends that Big Data’s touted benefits are often less significant than claimed… Continue reading →
2013
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What Is Localist Judging and Why Does It Matter?
Judges are local officials too, Ethan Leib helpfully reminds us in his thought‐provoking Article, Localist Statutory Interpretation. Like state court… Continue reading →
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A Theory of Preferred Stock
Should preferred stock be treated under corporate law as an equity interest in the issuing corporation or under contract law… Continue reading →
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Adapting to the New Shareholder-Centric Reality
After more than eighty years of sustained attention, the master problem of U.S. corporate law—the separation of ownership and control—has… Continue reading →
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Music Piracy and Diminishing Revenues: How Compulsory Licensing for Interactive Webcasters Can Lead the Recording Industry Back to Prominence
This Comment suggests that Congress should amend the Copyright Act to ensure that promising new music-based technologies are able to… Continue reading →
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How to Avoid Implementing Today’s Wrong Policies to Solve Yesterday’s Corporate Governance Problems
In response to Barry E. Adler & Marcel Kahan, The Technology of Creditor Protection, 161 U. Pa. L. Rev. 1773… Continue reading →
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Poor Pitiful or Potently Powerful Preferred
In response to William W. Bratton & Michael L. Wachter, A Theory of Preferred Stock, 161 U. Pa. L. Rev.… Continue reading →
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Exploring the Limits of Contract Design in Debt Financing
In response to Barry E. Adler & Marcel Kahan, The Technology of Creditor Protection, 161 U. Pa. L. Rev. 1773… Continue reading →
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What’s "Active Intermediaries" Got to Do with It?
In his Response to Professor Hurwitz, Professor Kang contests Hurwitz’s claim that active intermediaries are the dominant source of increasing… Continue reading →