Academic and market interest in environmental, social, and governance (ESG) investing has grown markedly in recent years. Although less prominent, a...
In this chapter, we put forth a case study of Elon Musk's acquisition of Twitter. We detail the legal and contractual issues that arose as the parties...
Critics of initiatives to diversify corporate boards frequently rely on efficiency arguments. Diversity opponents marshal four principal claims. First...
This Article develops a new way of understanding the law in order to address contemporary debates about judicial practice and reform. The...
The number of law firm partners who identify as women has more than doubled since 1993. Will these gender parity advances regress as employers curb...
A large segment of the political left identifies as “progressive,” but what does a belief in progress entail? This short essay, written for a...
As our nation emerges from the shadow of COVID-19, the general public is coming to grips with a stark reality looming over our public schools...
In Cantero v. Bank of America, the US Supreme Court declined to decide whether Bank of America Corp. must pay interest on New York mortgage borrowers’...
Twenty-first-century politics has inspired a new mode of interstate rivalries and reprisals consisting not of the tariffs that plagued the Founding...
Our perceptions of what we owe each other turn somewhat on whether we consider “another” to be “an other”—a stranger and not a friend. In this essay...
Anyone who studies trade secret law in depth knows that the field is complex and nuanced. That complexity can be intimidating to novices. Accordingly...
Anyone who studies patent law in depth knows that the field is complex and nuanced. That complexity can be intimidating to novices. Accordingly, the...
There have been many many, many proposals to use Russia’s frozen assets to help Ukraine. Russia’s invasion violated international law; reparations are...
After several years of dramatic growth, ESG investing seems to have entered a period of retrenchment. While it is impossible to predict the future...
Constitutional theory is a mess. Disagreements about originalism and living constitutionalism have become intractable. Constitutional theorists make...
Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
To succeed in their trade, thieves need a place to stash their ill-gotten gains. Should the United States become a safe haven for international...