In America’s early history, state legislatures often formally instructed their federal representatives on particular votes. This practice flourished for a century, but then died out—a change that ...
Congress enacted the Private Securities Litigation Reform Act of 1995 (PSLRA) to reduce plaintiffs’ lawyers’ influence in securities fraud class actions. The PSLRA’s presumption that the class member ...
Choice of law is a mess—or so it is said. According to conventional wisdom, choice-of-law doctrine does not significantly influence judges’ choice-of-law decisions. Instead, these decisions are ...
At the core of the economic analysis of law lies the concept of expected sanctions, which are calculated by multiplying the sanction that is applied to wrongdoers by the probability that it will be ...
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