Competitor Suits for False Advertising under Section 43(a) of the Lanham Act: A Puzzle in the Law of Deception

After several years of dramatic growth, ESG investing seems to have entered a period of retrenchment.  While it is impossible to predict the future...

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...

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...

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...

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...

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...

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

We propose the creation of a Prosecutor Jury—a mechanism designed to balance the need to hold politicians accountable for their crimes, and the need...

The 1968 Fair Housing Act required local government recipients of federal money to take meaningful actions to affirmatively further fair housing (AFFH...

The question whether the term “set aside” in the Administrative Procedure Act (APA) authorizes a federal court to vacate a rule universally—as opposed...

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

This law school casebook provides a detailed examination of secured transactions in personal property in both the commercial and consumer context. The...