Constitutional Law
Contract Law
Basic Assumption (A Poem Based on Sherwood v. Walker), SMU Law Review (2004)
I’ll tell you how a man with a cow had a cow because his cow...
Promises of Silence: Contract Law and Freedom of Speech, Cornell Law Review (1998)
To what extent should a person be able to contractually bind himself to keeping quiet?...
Copyright
Calibrating Copyright Statutory Damages to Promote Speech, Florida State University Law Review (2010)
Copyright and the First Amendment exist in tension. The Supreme Court acknowledges this tension but...
The First Amendment As a Check on Copyright Rights, Hastings Communication and Entertainment Law Journal (2001)
Corporations
Contractarians, Communitarians and Agnostics, American Journal of Comparative Law (1995)
This is a review of the Special Issue on the Corporate Stakeholder Debate: The Classical...
Paramount: The Mixed Merits of Mush, Delaware Journal of Corporate Law (1992)
The Article critiques the Delaware Supreme Court’s 1990 decision, Paramount Communications, Inc. v. Time Inc....
Helping the Casualties of Creative Destruction: Corporate Takeovers and the Politics of Worker Dislocation, Journal of Corporation Law (1991)
This Article’s thesis is that society’s responses to takeover dislocation have been misguided. For a...
Evaluating State Anti-Takeover Legislation: A Broadminded New Approach to Corporation Law or "A Race to the Bottom"?, Columbia Business Law Review (1990)
This commentary argues that the current system of corporate law – in which corporations are...
State Competence to Regulate Corporate Takeovers: Lessons from State Takeover Statutes, Hofstra Law Review (1989)
This Article reveals two very different lessons about state competence to regulate corporate takeovers. The...
Legal Education
Taking the Other Road: Polish Legal Education During the Past Thirty Years (with Zbigniew Gostynski), Temple International and Comparative Law Journal (1993)
This article considers some of the changes that occurred in Polish legal education from the...