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...

Academic Economic Espionage?

Elizabeth A. Rowe

In 2018 then-Attorney General Jeff Sessions announced that Chinese espionage was occurring in university research labs, and the Department of Justice...

The Great American Retirement Fraud

Michael Doran

Over the past twenty-five years, Congress has enacted several major reforms for employer-sponsored retirement plans and individual retirement accounts...

Business Associations: A Modern Approach

Cathy Hwang

Paolo Saguato

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...

The Charitable Tax Deduction and Civic Engagement

Andrew Hayashi

Justin Hopkins

In an era characterized by inequalities of income and influence, political polarization, and the segregation of social spaces, the income tax...

Executive Compensation and Corporate Governance

Michael Doran

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

For Now, Court Is Cool with California in Charge

Ruth Mason

Michael S. Knoll

Law students frequently find the U.S. Supreme Court’s Dormant Commerce Clause doctrine confusing. That is no surprise given the sharp disagreement...

Tax Competition and State Aid

Ruth Mason

At the inception of a new and potentially transformative type of tax enforcement, this Article reviews the goals underlying the prohibition on state...

Nonparty Interests in Contract Law

Cathy Hwang

Omri Ben-Shahar

David A. Hoffman

Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and...

The Article III "Party" and the Originalist Case Against Corporate Diversity Jurisdiction

Lawrence B. Solum

Mark Moller

Federal courts control an outsize share of big-ticket corporate litigation. And that control rests, to a significant degree, on the Supreme Court’s...

Who keeps the engagement ring after a breakup? 2 law professors explain why you might want a prenup for your diamond

Naomi R. Cahn

Julia D. Mahoney

When Jennifer Lopez and Ben Affleck got engaged the first time, in 2002, he gave her a very pricey ring. That engagement ring was reportedly worth as...

Tax Sanctions and the Russia/Ukraine Conflict

Andrew Hayashi

Ashley S. Deeks

The Russian invasion of Ukraine in 2022 provoked the imposition of economic sanctions that are unprecedented in their swiftness, severity, and novelty...

Bounded Extraterritoriality

Michael S. Knoll

Ruth Mason

Politics in the United States is ever more divided, stymying federal legislation. States have responded to this political polarization and...

Public Rights and Taxation: A Brief Response to Professor Parrillo

Ann Woolhandler

A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who...

National Security Creep in Corporate Transactions

Kristen Eichensehr

Cathy Hwang

National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic...

Taxing Digital Platforms

Andrew Hayashi

Young Ran (Christine) Kim

By the end of the 20th century, international tax law was a dinosaur: outdated, outmoded, and inadequate at collecting and allocating the taxing...

Do Investors Care about Municipal Debtors’ Access to Bankruptcy? Evidence from Bond Disclosures

G. Mitu Gulati

Richard C. Schragger

A key question in the academic and policy debates over the optimal architecture for sovereign debt has long been whether sovereigns should be given...

Are M&A Lawyers Better at Contract Drafting?

G. Mitu Gulati

Stephen Choi

This article studies the impact of exogenous legal change on whether and how lawyers across four different deal types revise their contracts’...