Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...

Academic Economic Espionage?

Elizabeth A. Rowe

In 2018 then-Attorney General Jeff Sessions announced that Chinese espionage was occurring in university research labs, and the Department of Justice...

Business Associations: A Modern Approach

Cathy Hwang

Paolo Saguato

Engaging New Cases: The book uses fresh, timely cases in agency and partnership to show how business law is relevant in a variety of practices...

Executive Compensation and Corporate Governance

Michael Doran

Over the past quarter century, Congress has enacted several major reforms for retirement plans and individual retirement accounts, usually with large...

Nonparty Interests in Contract Law

Cathy Hwang

Omri Ben-Shahar

David A. Hoffman

Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and...

The Article III "Party" and the Originalist Case Against Corporate Diversity Jurisdiction

Lawrence B. Solum

Mark Moller

Federal courts control an outsize share of big-ticket corporate litigation. And that control rests, to a significant degree, on the Supreme Court’s...

Bounded Extraterritoriality

Michael S. Knoll

Ruth Mason

Politics in the United States is ever more divided, stymying federal legislation. States have responded to this political polarization and...

National Security Creep in Corporate Transactions

Kristen Eichensehr

Cathy Hwang

National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic...

Do Investors Care about Municipal Debtors’ Access to Bankruptcy? Evidence from Bond Disclosures

G. Mitu Gulati

Richard C. Schragger

A key question in the academic and policy debates over the optimal architecture for sovereign debt has long been whether sovereigns should be given...

The Perils and Promise of Public Nuisance

Leslie Kendrick

Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...

Are M&A Lawyers Better at Contract Drafting?

G. Mitu Gulati

Stephen Choi

This article studies the impact of exogenous legal change on whether and how lawyers across four different deal types revise their contracts’...

The Millennial Corporation: Strong Stakeholders, Weak Managers

Michal Barzuza

Quinn Curtis

David Webber

The most important phenomenon in the corporate world today is the swift and dramatic rise of the Environmental, Social, and Governance (“ESG”)...

Qualitative Market Definition

Thomas B. Nachbar

Modern antitrust law has come under intense criticism in recent years, with a bipartisan chorus of complaints about the power of technology and...

Gametes: Commodification and The Fertility Industry

Kimberly D. Krawiec

In August of 2021, the American Society for Reproductive Medicine published its most recent opinion on the financial compensation of oocyte (egg)...

Green Bonds, Empty Promises

Quinn Curtis

Mark C. Weidemaier

G. Mitu Gulati

We examine the legal terms in the market for green bonds, debt instruments in which proceeds are earmarked, directly or indirectly, for projects with...

Avoiding a Lost Decade—An Interim Update

G. Mitu Gulati

Lee C. Buchheit

All sovereign debt restructurings are inherently messy, expensive, exasperating, time-consuming and contentious. These are the familiar pathologies in...

Covid, Contracts, and Colleges

John K. Setear

This Article examines the legal issues underlying hundreds of lawsuits, claiming unjust enrichment or breach of contract, brought by students who paid...

How pro-business is the Roberts Court?

G. Mitu Gulati

Lee Epstein

The US Supreme Court has been all over the news for decisions about openly carrying guns in public (yes) and nationwide abortion rights (no). Next...