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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…

In every toxic-tort case, the plaintiff must prove that the defendant exposed the plaintiff to something that caused an injury. The causal proof is in two parts: proof of general…

This Article explores the law of agency as applied to enslaved workers in the Antebellum South between 1798 and 1863. In particular, I examine legal disputes involving the delegation of…

Indian gaming—casinos owned, operated, and regulated by Indian tribes—has been a transformative force for many Indigenous nations over the past few decades. The conventional narrative is that Indian gaming began…

Imagine a regime whose fundamental law is only to be found in ancient archives. Their mysterious contents take years to unearth, layer by layer. With new discoveries, bodies of established…

Whenever someone is entrusted with advancing other people’s interests, enhancing the public good, or resolving conflicts between other people, there is a concern that instead of doing these things, he…