Volume 51, Issue 1

Contracts as Organizations

The purpose of this Article is threefold: first, to describe how theoretical perspectives on contracting have motivated empirical work on contracts; second, to highlight the dominant role of economic theories…
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Commentary

In Contracts as Organizations, Professors D. Gordon Smith and Brayden King make an important and much-needed contribution to the empirical study of contracts. As they document in their article, empirical…
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Commentary

Enforceable promises discourage lying, cheating, and stealing. Contracts that embody such promises shape institutions, distribute power, and organize markets. The Smith--King critique of elite empirical contracts scholarship reveals a field…
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The Return of the Rogue

This Article contends that of the many regulatory options available to the Basel Committee for addressing operational risk it arguably chose the worst: an enforced self-regulatory regime unlikely to substantially…
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On the Boundaries of Culture as an Affirmative Defense

A "cultural defense" to criminal culpability cannot achieve true pluralism without collapsing into a totally subjective, personal standard. Applying an objective cultural standard does not rescue a defendant from the…
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