It is commonly thought that the Uniform Commercial Code adopts a negligence principle as the basis of loss allocation for the check system. This article argues that this common assumption is wrong. Instead, the fundamental principle of the check system and all other payment systems is that the...

This article offers feudal society as a metaphor for the emerging social organization of the Internet. It does so to illustrate how metaphors shape thinking about the Internet and to challenge the sometimes misleading comparison of the Internet to the Western frontier.

In some situations, courts may be better sources of new law than legislatures. Some support for this proposition is provided by the performance of American courts in the development of law regarding the "right to die." When confronted with the problems presented by mid-Twentieth Century...

This Essay studies the effect of Eldred v. Ashcroft on the treatment of aggressive copyright claims. Aggressive copyright claims test the boundaries of copyright by urging courts to adopt unconventional or novel readings of doctrine that would extend copyright well beyond its core of preventing...

All self-respecting legal history is supposed to end by the twentieth century. As we approach our own lives, experience and trainingand those events that we have actually witnessedwe allegedly lose that "objectivity" which makes the "science" of history itself possible. Certainly, there is no...

This paper will set out Francis Bacon's philosophy of legal education, analyze its fundamental pedagogical and doctrinal elements, and examine its lessons for American legal education today.

Despite laws in many states prohibiting assisted suicide, an unknown but significant number of people each year commit suicide with the aid of a physician. In recent years, the phenomenon of physician-assisted suicide has attracted greater attention as physicians have openly risked prosecution...

In his 1995 encyclical, Evangelium Vitae, Pope John Paul II outlined a jurisprudential vision which includes the "doctrine on the necessary conformity of civil law with moral law." The Pope's jurisprudential reflections prompt the question I consider in this Article: How should we understand the...

Building on the scholarship using ultimatum game experiments to explore the presence of fairness norms in bargaining exchanges, the authors test whether such norms are affected by agency relationships alone or agency relationships linked with a duty to maximize returns to the principal. The...