The Jurisprudential Foundations of Corporate and Commercial Law

Scholarship

PUBLISHER

Cambridge University Press

DATE

2000

Steven D. Walt

Jody S. Kraus & Steven D. Walt, The Jurisprudential Foundations of Corporate and Commercial Law, Cambridge University Press (2000).

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... MORE
How pro-business is the Roberts Court?
G. Mitu Gulati
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... MORE
A Century of Business in the Supreme Court, 1920-2020
G. Mitu Gulati
A decade and a half into its life, we ask: How pro business is the Roberts Court? Using a simple objective measure – how often does business win in... MORE

Proposal on Climate-Related Disclosures for Investors [File No. S7-10-22]
Julia D. Mahoney

Paul G. Mahoney

Edmund W. Kitch
We appreciate the contributions of colleagues who have commented on the SEC’s proposal for mandatory climate-related disclosure rules for public... MORE
Collaborative Intent
Cathy Hwang
Why do parties—even sophisticated ones—draft contracts that are vague or incomplete? Many others have tackled this question, but this Article argues... MORE
Contractual Depth
Cathy Hwang
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 Forms and Functions of Tort Law
Kenneth S. Abraham
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 Price of Cheeky Contracting
G. Mitu Gulati
An implication of the incompleteness of contracts is that there are going to be gaps and ambiguities that either side can exploit. We ask whether the... MORE
The Instrumental Case for Corporate Diversity
Naomi R. Cahn
The moral case for diversity in businesses is compelling. The business case for diversity (that “diverse companies do better”) is mixed: studies in... MORE

Comment on The Limits of Public Contract Law
Cathy Hwang
In May of 2020, my friends were supposed to get married. Like all organized people, they had a contract for a venue, for catering, for a cake, and... MORE
Are M&A Lawyers Better at Contract Drafting?
G. Mitu Gulati
This article studies the impact of exogenous legal change on whether and how lawyers across four different deal types revise their contracts’... MORE
Nonparty Interests in Contract Law
Cathy Hwang
Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and... MORE

Investment Law Scholars’ Amicus Brief in Hughes v. Northwestern University
Quinn Curtis
In Hughes v. Northwestern University, the Supreme Court is set to address “Whether allegations that a defined-contribution retirement plan paid or... MORE
Cleaning Corporate Governance
Cathy Hwang
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
Do ESG Mutual Funds Deliver on Their Promises?
Quinn Curtis
Corporations have received growing criticism for their role in climate change, perpetuating racial and gender inequality, and other pressing social... MORE

Information and Deterrence in Shareholder Derivative Litigation
Quinn Curtis
Shareholder derivative litigation is often critiqued as costly to firms Special litigation committees have been devised as a means to dismiss low-... MORE
The Economics of Securities Regulation: A Survey
Paul G. Mahoney
This monograph reviews the academic literature that analyzes securities regulation from an economic perspective. It begins by describing the... MORE
Contracts of Inattention
G. Mitu Gulati
The standard paradigm of contracting assumes that parties will revise subsequent contracts if a court interpretation of a clause does not reflect... MORE