Modern antitrust law has come under intense criticism in recent years, with a bipartisan chorus of complaints about the power of technology and... MORE
Who is the intended audience of a contract? A court, who may be called upon to resolve a dispute, is one audience. Another is commercial communities... MORE
The perfect accompaniment to any torts casebook, this text covers all the major cases and issues in a standard torts course. The text addresses cases... MORE
The moral case for diversity in businesses is compelling. The business case for diversity (that “diverse companies do better”) is mixed: studies in... MORE
Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and... MORE
Why do parties—even sophisticated ones—draft contracts that are vague or incomplete? Many others have tackled this question, but this Article argues... MORE
In Hughes v. Northwestern University, the Supreme Court is set to address “Whether allegations that a defined-contribution retirement plan paid or... MORE
Corporations have received growing criticism for their role in climate change, perpetuating racial and gender inequality, and other pressing social... MORE
Although empirical scholarship dominates the field of law and finance, much of it shares a common vulnerability: an abiding faith in the accuracy and... MORE
Shareholder derivative litigation is often critiqued as costly to firms Special litigation committees have been devised as a means to dismiss low-... MORE
Several US states ban employers’ use of credit reports in hiring decisions. This paper evaluates whether these bans help financially distressed... MORE
The standard paradigm of contracting assumes that parties will revise subsequent contracts if a court interpretation of a clause does not reflect... MORE
Contract law and theory have traditionally paid little attention to the processes by which contracts are made. Instead, contracts among sophisticated... MORE
In a prior paper, Shareholder Value(s): Index Fund ESG Activism and The New Millennial Corporate Governance, we argued that the index funds’ sudden... MORE
Recent Supreme Court decisions have severely curtailed the reach of the Alien Tort Statute (ATS), making it nearly impossible to hold multinational... MORE
Scholars and policy makers have long debated whether corporations should serve social purposes at the expense of shareholder wealth. The SEC has... MORE
