Topic

Law and Economics

Posts

  • ArticleVol. 104 · Iss. 1

    Dual-Track Bias

    Since the JOBS Act of 2012 made it easier to start the IPO process, startups have increasingly pursued a “dual-track” exit strategy, simultaneously preparing…

  • CommentaryVol. 104 · Iss. 1

    Beyond the Prison Wall: Refundable Fines as an Alternative to Incarceration

    In this Commentary, we introduce the refundable fine, a novel mechanism designed to rehabilitate low- to mid-level first-time offenders and to improve the criminal…

  • 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…

  • ArticleVol. 103 · Iss. 4

    The Law and Economics of Resilience

    The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have…

  • NoteVol. 103 · Iss. 3

    Is Dealmaking Going Out of Fashion? The Impact of the FTC-Tapestry, Inc. Litigation on M&A Activity in the Fashion Industry

    Anyone who has watched The Devil Wears Prada remembers the iconic scene where Miranda Priestly, the editor-in-chief of a fashion magazine, disparages Andy, her…

  • Online2025

    Why Charters?

    While charters are poorly designed for broad public transparency, they still provide benefits by functioning like a recording system that reduces investigation costs and…

  • NoteVol. 102 · Iss. 5

    Crystal Courts and Muddy Waters: Wetland Regulation in a Post-Sackett World

    In Sackett v. EPA, the Supreme Court held that the EPA lacks jurisdiction under the Clean Water Act to regulate wetlands, unless those wetlands…

  • ArticleVol. 102 · Iss. 3

    Ameliorative Infringement and Public Interest Damages

    Examining the field of trademark law, this article contemplates the potential commercial benefits of infringement—to the holder of the infringed-on mark. Infringement may benefit…

  • ArticleVol. 102 · Iss. 3

    Investor Climate Alliances

    Climate change causes systemic financial risk, compelling long-term institutional investors to act. Its impacts extend beyond financial harms, aligning institutional investors with socially responsible…

  • CommentaryVol. 102 · Iss. 3

    Grading Patents

    In this Article, we offer a new design for our patent system with a view to optimize its functioning. As multiple patent scholars have…

  • ArticleVol. 102 · Iss. 2

    Water Law Transitions in the Era of Climate Change

    Although legal transitions—changes in legislation, regulations, or judicial decisions—are an inevitable part of legal progress, there are certain areas of the law where reform…

  • CommentaryVol. 102 · Iss. 2

    Consequential Damages Clauses: Alien Vomit Or Intelligent Design?

    Hadley v. Baxendale, 9 Exch. 341 (1854), is an old British case commonly taught in first-year contracts classes. The case sets out a limitation…