The per se rule against specific enforcement of personal service contracts is well established under Anglo-American contract law. At the same time...
This Essay expounds on the outsized role of private law in governing ownership of new technologies and data. As scholars lament gaps between law and...
In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past...
Employment contract law is an antiquated, ill-fitting, incoherent mess. But no one seems inclined to fix this problem. Employment law scholars...
Scores of lawsuits have pushed retirement plan sponsors to shorter, easier-to-navigate menus, but – as Ian Ayres and Quinn Curtis argue in this work –...
Public nuisance has lived many lives. A centuries-old doctrine defined as an unreasonable interference with a right common to the public, it is...
Bankruptcy offers a fresh start that frees individuals from crushing debt burdens. Many insolvent Americans are, however, simply too poor to afford...
Imagine this scenario: A patron shows a reference librarian a letter from an attorney representing the county and asks, “What law authorizes the...
Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations...
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...
The supply of human organs for transplantation might seem an unlikely place to begin thinking about entrepreneurship. After all, there is no...
The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that they...
The protection of intimate privacy isn’t at odds with free expression. At times, we prioritize one value over the other, but, more often, intimate...
The essential road map for understanding—and defending—your right to privacy in the twenty-first century.
Privacy is disappearing. From our sex lives...
Privacy violations are destructive, no matter the perpetrator, but governmental privacy violations can cast a particularly long and destructive shadow...
Several US states ban employers’ use of credit reports in hiring decisions. This paper evaluates whether these bans help financially distressed...