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Courts impose a number of barriers to recovery for negligently inflicted emotional harm. Whether or not these barriers are justified in suits between strangers, this essay argues that they are…

“Law and entrepreneurship” is an emerging field of study. Skeptics might wonder whether law and entrepreneurship is a variant of that old canard, the Law of the Horse. In this…

Interest in climate change has generated many proposals for cap-and-trade programs to control greenhouse gases. Longstanding American water rights regimes may have some lessons for these new proposals. As with…

This Essay is a primer on the income taxation of cross-border transactions, comparatively examining the approaches of the U.S. federal government and the American states, and focusing on the problems…

This Article explores the potential benefits and challenges of giving more prominence to the voice of the Indian child in ICWA proceedings, a topic that has received scant attention from…

This Article suggests that the role played by the “ordinarily prudent consumer” in trademark law should be more carefully scrutinized. Trademark infringement law’s “straightforward story,” which typically justifies trademark rights…