Issue 5
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If the Veil Doesn’t Fit … An Empirical Study of 30 Years of Piercing the Corporate Veil in the Age of the LLC
“The more things change, the more they stay the same.” Or so it seems, based on the results of this… Read More
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Post-Judgment Bargaining with a Conversation with the Honorable Professor Guido Calabresi
A common view holds that, according to prominent scholars of law and economics, such as Ronald Coase or Guido Calabresi… Read More
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The Law and Economics of Insider Trading
Insider trading is as common as it is illegal. The result is many high-profile insider trading cases stemming from government… Read More
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The Failure to Understand Expertise in Administrative Law: The Problem and the Consequences
Expertise plays a starring role in administrative law. Congress establishes administrative agencies and often gives them substantial discretion because it lacks… Read More
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Admissibility Versus Sufficiency: Controlling the Quality of Expert Witness Testimony
In Daubert v. Merrell Dow Pharmaceuticals, Inc., the United States Supreme Court established a new method of assessing the admissibility… Read More
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State v. Carver: A Cautionary Tale About the Use of Touch DNA as Inculpatory Evidence in North Carolina
“[E]very contact leaves a trace.” The advent of touch DNA testing has stretched this maxim of forensic science to its… Read More
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The Shape of Things to Come: A Cohesive Approach to Patent-Eligible Subject Matter and Biotechnology
Our society has made remarkable advances in medical science over the past few decades. A significant portion of these advances… Read More
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Wolves of the World Wide Web: Reforming Social Networks’ Contracting Practices
Seventeen percent of all American adults online use Instagram, a social media platform whose motto is, “Capture and Share the… Read More
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Abolishing Jailhouse Snitch Testimony
Jailhouse snitch testimony is arguably the single most unreliable type of evidence currently used in criminal trials. Snitches are deeply… Read More
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The Law of Issues
In various areas of procedural doctrine, courts must define the content of an “issue.” Consider a few examples. The doctrine… Read More
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Crimes of Migration
My argument proceeds in four parts. In Part I, I introduce the history of crimes of migration, unpack their structure,… Read More
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Exercising Common Sense, Exorcising Langdell: The Inseparability of Legal Theory, Practice, and the Humanities
Two phantoms haunt our law schools: the phantom theory-practice divide and its fraternal twin, Langdell’s ghost. As ghosts do, they… Read More
