Vol. 139 No. 5 What is a tort, and what is tort law for? On one leading scholarly account, torts are legal liability rules that seek to promote the welfare of society at large by disincentivizing socially suboptimal behavior and distributing the costs of accidents to those who can best bear them.
I went to law school with academic aspirations, thinking that I might pursue law and economics. But Arthur Leff had other ideas. In Unconscionability...
Employment antidiscrimination law has been steadily eroding, the result of a dilemma it has never fully resolved: its relationship with identity. I. From Ricci...
Vol. 138 No. 7 In Waste, Property, and Useless Things, Professor Meredith Render takes aim at an important social problem — the voluminous (and often hazardous) waste produced by our seemingly insatiable consumption of the latest electronic gadgets. This phenomenon is part of a much larger solid-waste problem that human beings need to address if we are to achieve a more sustainable future for our species and our planet.
Vol. 138 No. 5 How should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world? Approximately sixty million tons of electronic waste, or “e-waste” — for example, discarded iPhones, refrigerators, desktop computers — is produced each year.
Vol. 138 No. 3 When the Supreme Court overrules or declines to overrule a past decision, it typically invokes precedent about precedent. These are prior cases that establish...
Response to Curation, Narration, Erasure: Power and Possibility at the U.S. Supreme Court
Vol. 138 No. 2 Introduction In her revelatory Foreword to this year’s Supreme Court issue of the Harvard Law Review, Professor Karen Tani illuminates how the Supreme Court...
Vol. 137 No. 7 Introduction The constitutional settlement of the United States is coming undone at the seams. The U.S. Supreme Court is on a crusade to revisit...
Vol. 137 No. 6 At a time when much conflicts scholarship is focused on unwarranted extensions of state power beyond state borders, Professor Carlos Vázquez’s Non-extraterritoriality makes a...
