Volume 64, Issue 1

Codified in 17 U.S.C. § 107, copyright’s “fair use” is one of the best-known and most widely discussed doctrines in intellectual property. Commentators have noted that the § 107 balancing…

The traditional focus of corporate law is on aligning managers’ preferences with the interests of shareholders. We show that this view is premised on two assumptions that are no longer…

Immigration law and business-associations law rarely enter the same conversation. This Article argues, however, that business entity formation—such as the use of limited liability companies—has the potential to not only…

The challenges facing agency adjudication are a microcosm of those facing modern American government. Limited resources, shifting priorities, and overt politicization all contribute to perhaps the gravest threat to the…

In 2019, the U.S. Supreme Court issued its judgment in Rucho v. Common Cause, the Court’s latest foray into the decisive issue of partisan gerrymandering. As a tool for politicians…

Since the Employee Retirement Income Security Act of 1974 (“ERISA”) was enacted, courts have shifted away from analogizing to trust law and consequently have created a new precedent that raises…