Smart Contracts and the Cost of Inflexibility
“Smart contracts” are decentralized agreements built in computer code and stored on a blockchain. Proponents imagine a future where commerce… Continue reading →
2017
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Unorthodox Civil Procedure: Modern Multidistrict Litigation’s Place in the Textbook Understandings of Procedure
Multidistrict litigation (MDL) is unorthodox, modern civil procedure. It is an old‐but‐new procedural tool that significantly disrupts decades of worked‐out… Continue reading →
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Freedom of Information Beyond the Freedom of Information Act
The U.S. Freedom of Information Act (FOIA) allows any person to request any agency record for any reason. This model… Continue reading →
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Will Tax Reform Be Stable?
Stability is essential to any reform’s success, yet it is hardly guaranteed. This is particularly true in tax policy, where… Continue reading →
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Implicit Bias as Social-Framework Evidence in Employment Discrimination
The role of implicit bias as evidence in employment discrimination claims continues to evolve, as does research attempting to explain… Continue reading →
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The Machine Author: What Level of Copyright Protection Is Appropriate for Fully Independent Computer‐Generated Works?
U.S. copyright law is grounded in a utilitarian philosophy: authors are granted a limited monopoly to incentivize production of original… Continue reading →
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Independent Directors and Controlling Shareholders
Independent directors are an important feature of modern corporate law. Courts and lawmakers around the world increasingly rely on these… Continue reading →
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Class Actions and the Counterrevolution Against Federal Litigation
“To a hammer, everything looks like a nail. And to a Court bent on diminishing the usefulness of Rule 23,… Continue reading →
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Priority Matters: Absolute Priority, Relative Priority, and the Costs of Bankruptcy
Chapter 11 of the Bankruptcy Code is organized around the absolute priority rule. This rule mandates the rank‐ordering of claims.… Continue reading →