Legal paternalism involves, very roughly, requiring persons to do something for their own good. We often think of debates between legal paternalists and non-paternalists as taking place largely at the level of broad, basic principle. This Article argues, however, that in our culture, disputes...

This paper explains in summary form how the weakening of consumer credit laws in the United States contributed to the financial crisis and argues that strong consumer laws are essential to economic stability. The paper discusses how changes in the residential mortgage laws in the United States...

This is a draft of an article that will be published - after some editorial revision - in the Journal of Governance and Regulation. It discusses first the differences between market economic models, socialist or planned economies, and economies controlled by monopolies or cartels, to make the...

The paper supports the 2015 bailout for Greece in the amount of some 86 billion Euro but it also argues that all international lenders should take a haircut of some 33% to bring Greek debt to a more sustainable level and that the focus for the future should be more on rebuilding the Greek...

The financing of collateral that is located deep within the earth (oil, gas, minerals), or firmly rooted to the ground (timber), can be complicated. The complications arise not only because of the interplay between real property and personal property interests, and the separate legal regimes...

The right to enjoy the benefits of scientific progress and its applications has long been neglected, both in theory and in practice. Even scholars, advocates, and jurists deeply involved in the human rights field are likely to express uncertainty as to what the right to science concretely...

Beginning about ten years ago, several title insurers in the area of real estate financing began issuing UCC insurance that is designed to protect the interest of lenders who take personal property as collateral. UCC insurance provides both defense coverage (malpractice) and payment on a claim...

The law governing security interests in certain classes of mobile assets -- aircraft, railroad rolling stock, and certain vessels -- is complex because of the overlay of federal law that supplements, and in some instances displaces, Article 9 of the UCC. This article provides an overview of the...

The pharmaceutical industry is exceptional. Pharmaceutical development is one of the most cost- and time-intensive areas of technology largely because it is one of the industries most subject to regulatory intervention. Unlike most other technologies, pharmaceuticals are heavily regulated by the...

The Food Safety Modernization Act, passed in early 2011, is the most significant overhaul of the Food and Drug Administration’s food-safety authority since 1938. It reorients FDA to a preventive rather than responsive stance toward food contamination. The Act, however, will fall short of its...