Technological Change and Doctrinal Persistence: Telecommunications Reform in Congress and the Court

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

On December 15, 2023, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Illumina, Inc. v. FTC. Although the court vacated and...

On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade.  In the...

There is concern that present-biased agents incur too much debt because of its deferred costs – concern that has influenced regulation of consumer...

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...

False information causes harm, threatening individuals, groups, and society. Many people struggle to judge the veracity of the information around them...

This chapter studies political corruption and its many relationships to the law of democracy. It begins with bribery laws, which forbid officials from...

This article examines the impact of Greece retroactively, via legislation, changing the terms in hundreds of billions of euros worth of Greek...

Income inequality is a national preoccupation, and the public’s imagination is captured by the astronomical incomes of Valley tech billionaires and...

There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...

This casebook aspires to help students understand and think systematically about the techniques of statutory interpretation. It blends exposition with...

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

The SEC mandates that public companies assess new information that changes the risks that they face and disclose these if there has been a “material”...

Countries hit by unexpected crises often look to their overseas diasporas for assistance. Some countries have tapped into this generosity of their...

The conventional view is that standardized boilerplate terms represent an optimal contractual solution to the contracting problems facing parties in...

In an era defined by partisan rifts and government gridlock, many celebrate the rare issues that prompt bipartisan consensus. But extreme consensus...

Consequential damages have been a cornerstone of contract doctrine since the broken crankshaft in Hadley v. Baxendale. And the Hadley rule is one of...

In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...