Topic
Contract Law
Posts
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NoteVol. 103 · Iss. 4
Loosening the Confidentiality Straitjacket
In May 2024, the Federal Trade Commission (FTC) finalized its rule invalidating most non-competition agreements for approximately thirty million workers across the United States.…
Jaden A. Lanza -
CommentaryVol. 103 · Iss. 4
Control Capture and Competition
This Essay identifies an emerging problem in antitrust law and policy, particularly in the technology industry. Antitrust doctrine aimed at preventing future harms has…
D. Daniel Sokol & Robert J. Rhee -
Online2025
The Wrong Level of Generality: Misapplying Bruen to Young-Adult Firearm Right
Three relatively recent appellate opinions—McCoy v. ATF, National Rifle Ass’n v. Bondi, and Rocky Mountain Gun Owners v. Polis—upheld modern restrictions on 18-to-20-year-old adults’…
George A. Mocsary -
NoteVol. 101 · Iss. 3
Social Mission Impossible: Why Fiduciary-Like Obligations Must Protect Wholly Owned Benefit Corporations
In 2023, corporate social activism is all the rage. Surveyed investors and consumers both profusely indicate a preference for businesses to prioritize social pursuits…
Nick Pirsos -
ArticleVol. 100 · Iss. 4
Side Letter Governance
Abstract A standard feature of the private equity industry, “side letters” are confidential agreements between the sponsor and individual investors that give the latter…
Elisabeth De Fontenay & Yaron Nili -
ArticleVol. 99 · Iss. 6
Sexual Agreements
Few would find it surprising that an agreement for sex falls outside the bounds of contract law. Prostitution—defined as an exchange of sex for…
Albertina Antognini & Susan Frelich Appleton -
ArticleVol. 99 · Iss. 6
The Marital Habitus
The law on the books has recognized the right of cohabitants to create enforceable legal obligations with each other for half a century. Yet…
Kaiponanea T. Matsumura -
NoteVol. 99 · Iss. 4
The Good Faith Inquiry: What About the Worker Ants?
Introduction Charming leader, credible scientist, media darling, political icon—each of these terms could be used to describe Wang Fengyou, chief executive officer and chairman…
Katherine Griffin -
ArticleVol. 99 · Iss. 3
Stealth Governance: Shareholder Agreements and Private Ordering
ABSTRACT Corporate law has embraced private ordering—tailoring a firm’s corporate governance to meet its individual needs. Firms are increasingly adopting firm-specific governance through dual-class…
Jill E. Fisch -
CommentaryVol. 87 · Iss. 2
Bailouts, Bonuses, and the Return of Unjust Gains
In March 2009, ailing insurance giant American International Group (AIG) triggered a national outcry when it paid out $165 million in government bailout funds…
Tracy A. Thomas -
ArticleVol. 96 · Iss. 6
The Pathologies of Digital Consent
Consent permeates both our law and our lives—particularly in the digital context. Consent is the foundation of the relationships we have with search engines,…
Neil Richards & Woodrow Hartzog -
ArticleVol. 96 · Iss. 4
The Law of Identity Harm
Identity harm refers to the anguish experienced by consumers who learn that their efforts to consume in line with their personal values have been…
Sarah Dadush