On Tort Law’s Dualisms
Vol. 135 No. 4
We read with interest Professors John Goldberg and Benjamin Zipursky’s new book, Recognizing Wrongs; Professor Catherine Sharkey’s Book Review; and Goldberg and Zipursky's Response....
Law and Economics
Thoroughly Modern Tort Theory
Response to Modern Tort Law: Preventing Harms, Not Recognizing Wrongs
Vol. 134 No. 4
Funny what passes for “modern.” It was around 1967 that the phrase “cheapest cost avoider” first appeared in the work of then-Professor Guido Calabresi....
Modern Tort Law: Preventing Harms, Not Recognizing Wrongs
Vol. 134 No. 4
Introduction When the U.S. Supreme Court faced a novel tort law issue in 2019 in Air & Liquid Systems Corp. v. DeVries — namely,...
Expungement of Criminal Convictions: An Empirical Study
Vol. 133 No. 8
Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a...
Illinois Tool Works Inc. v. Commissioner
Tax Court Holds in Favor of Taxpayer on Loan Between Foreign Subsidiaries.
Vol. 132 No. 8
Pseudo-Contract and Shared Meaning Analysis
Vol. 132 No. 4
Over the last several decades, courts and legal scholars have struggled with whether or when to consider boilerplate text as contract. Recent attempts to...
The Effects of Holistic Defense on Criminal Justice Outcomes
Vol. 132 No. 3
Debates over mass incarceration emphasize policing, bail, and sentencing reform, but give little attention to indigent defense. This omission seems surprising, given that interactions...
Heimer v. Companion Life Insurance Co.
Sixth Circuit Invokes Contra Proferentem as Default Rule for Resolving Ambiguous Contract Provisions.
Vol. 132 No. 2
Antitrust Remedies for Labor Market Power
Vol. 132 No. 2
Recent research indicates that labor market power has contributed to wage inequality and economic stagnation. Although the antitrust laws prohibit firms from restricting competition...
Payday, Vehicle Title, and Certain High-Cost Installment Loans
CFPB’s Final Payday Lending Rule Deems It an “Unfair” and “Abusive” Practice to Make Payday Loans Without Determining Borrower Ability to Repay.
Vol. 131 No. 6