I. Introduction Negotiation lies at the heart of legal practice — yet even highly trained negotiators regularly reach suboptimal agreements. This problem is widespread....
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.
Vol. 139 No. 3 Courts often consult entrenched, preratification sources such as Blackstone’s Commentaries and The Digest of Justinian when rendering decisions in common law actions. These authorities...
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 Throughout American history, dance has been the “stepchild” of the arts family, an afterthought when it comes to recognition, protection, and celebration. Even as...
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. 137 No. 4 Abstract For nearly two centuries, the law has allowed servitudes that “run with” real property while with few exceptions refusing to permit servitudes attached...
Vol. 134 No. 5 A reckoning for single-family zoning is underway. From Minnesota to California, cities and states are looking for ways to compel the densification of neighborhoods...
