Transnational law and globalization talk is in vogue. Scholars have created a massive oeuvre of transnational legal scholarship. Judges, including United States Supreme Court Justices, frequently travel abroad to teach transnational law and take part in law reform efforts in foreign countries. In some cases, judges cite foreign law. United… Read More »
Corporate law scholarship has largely failed to account for the distinctive needs of family businesses. I argue that family businesses are an extension of family relationships and include both nonmarket and market values. In particular, successful family businesses must find ways… Read More »
Americans seeking to record public life often find themselves victims of government suppression. Police have used physical methods to prevent journalists from recording public protest events. Police have trained their guns on unarmed citizens for recording their activities in public. Citizens have been arrested for recording police officers’ public conduct.… Read More »
Introduction
Social media plays a crucial role in assisting individuals to self-organize, in part by reducing collective action problems. There is perhaps no better confirmation of this than recent decisions by Arab leaders to shut off Internet access amidst widespread protests and uprisings in their countries. Sometimes, however, it is… Read More »
Under what circumstances should we understand government’s racist or otherwise hateful speech to violate the Equal Protection Clause? For example, should we understand the Equal Protection Clause to bar a government’s decision to adopt and display the motto “White Supremacy Forever” on the state seal or a state license plate? … Read More »
Error will drive the result of at least one election in 2012. This is not a difficult prediction: though the Bush v. Gore election brought the issue to the national spotlight, photo-finish and error-laden elections recur in each cycle. As a practical matter, the prospect of error is unavoidable. Election codes are enormously detailed. Every detail creates the possibility of mistake. And in the aggregate, all of these mistakes create the near certainty of an outcome-determinative mistake somewhere. Yet despite the fact that errors are inevitable, neither courts nor scholars have developed consistent principles for resolving the errors when they occur.
I argue that the resolution of an election error should turn on its materiality. That is, deviations from procedure should generally preclude the counting of a vote only when the deviation is material to determining a voter’s eligibility or ballot preference. Read More »
Introduction
Over the past twenty years, specialized trial courts with dockets comprised primarily or exclusively of business cases—commonly known as business courts—have been established in nineteen states across the United States. In these courts, cases are not subject to the master calendar system. Rather, a single judge will hear any qualifying… Read More »
Introduction
The economic loss rule (ELR) precludes bringing a tort action for economic loss, such as lost profits, when the parties’ expectations are governed by a contract. The thesis of this Note is that building damage caused by defective construction materials should not be considered economic loss under the ELR… Read More »
Administrative agencies, the fourth branch of government, famously blend the functions of the other three. Agencies write rules, adjudicate their meaning, and penalize violations. Several recent high-profile agency penalties have attracted attention to this understudied area of administrative law. In 2010 alone, the National Highway Traffic Safety Administration imposed a… Read More »
Extensive scholarship has explored the significance of the Americans with Disabilities Act (ADA) in creating social change. These examinations have largely focused on the ADA’s revolutionary civil rights aspects and the manner in which the Supreme Court’s interpretation of the statute has stymied potential transformation of American society. Yet, despite… Read More »