When confronting a major crisis, tinkering at the margins of policy will likely do precious...

Under our securities regime, investment advisers are considered to be fiduciaries, whereas broker-dealers are not....

In a 5-4 opinion, decided January 21, 2010, Citizens United struck down § 203 of...

On January 21, 2010, in a 5-4 opinion, Citizens United struck down § 203 of...

To his credit, Professor Sandeep Gopalan has written a provocative Article. As far as I...

The French Company of the Indies (Compagnie des Indes), has unfortunately been understudied by historians,...

The most recent crisis on Wall Street presents our nation with an extraordinary opportunity to...

To understand how boards can serve as both managers and creators of risk, a prerequisite...

This Article is a follow-up to a previous article, Networks of Fairness Review in Corporate...

The fairness doctrine in corporate law is rhetorically glorious. Courts speak of scrutinizing transactions tainted...

Corporate law has become unnecessarily complicated. Despite the proliferation of laws, problems fester and scandals...

The conventional wisdom has been that state law governs internal affairs, and federal law governs...

The law of unincorporated associations is engaged in a misguided march in transforming the duty...

Despite their seemingly sophisticated economics, existing theories of the firm have made for poor public...

The relationship between American government and American business is a vast topic of immeasurable complexity....

In an era fashionable for its simplistic trashing of the regulatory state, Steven Croley's Regulation...

There exists much insightful commentary on the commercial speech doctrine. Some of it debates whether...

The traditional debate on governmental regulation has run its course, with economically minded analysts pointing...

This article challenges the conventional wisdom that the Telecommunications Act of 1996 is to blame...

The concepts of takings and the tragedy of the commons are familiar to those versed...

This article argues that poor regulation has thwarted competition among cable providers. It begins by...

Conscious parallelism, sometimes called tacit collusion, occurs where firms adopt their business practices based on...

Bringing a monopolization claim under California's Cartwright Act is difficult work. This article first explains...

Article 82 of the Treaty Establishing the European Community, which prohibits abuse of a dominant...

This article discusses The Antitrust Enterprise by Herbert Hovenkamp. While generally praising the book for...

Professor Keith Hylton provides a timely discussion of the most important doctrines of modern antitrust....

Commentators regularly criticize antitrust for its wobbly intellectual foundations and ineffectual results. To address this...

Transnationalism represents a major leap forward in our understanding of events that cross national borders....

It is difficult to overestimate the importance of Lionel Robbins's Essay on the Nature and...

This Article seeks to go beyond cute rhetorical labels to consider what, if anything, postmodernism...

In an attempt to cabin the open-endedness of weasel words, traditional law and economics purports...

Professor Steven Shavell's Foundations of Economic Analysis of Law offers a monumental overview of the...

This piece takes issue with the conventional wisdom that economic and critical approaches to law...