Because the ALI Domestic Partnership rules don't seem to meet the criteria for default rules, we might be tempted to think of them instead as a set of penalty default rules, designed to insure that the parties would contract around them, or at least that they would reveal privately held...

Currently pending in the Delaware Court of Chancery and other courts around the country are numerous cases in which the parties to a public-company merger agreement are disputing whether the target (the company being sold) has suffered a "material adverse effect" (an MAE) because of the COVID-19...

Joseph Schumpeter's vision of competition saw it as a destructive process in which effort, assets and fortunes were continuously destroyed by innovation. One possible implication is that antitrust's attention on short-run price and output issues is myopic: what seems at first glance to be a...

Many patent applications are rejected upon initial submission, but they are almost never rejected with absolute finality. Further, subsequent to filing its original application a patent applicant might wish to write an application with broader or somewhat different claims, or perhaps add claims...

The purpose of this article is to discuss the current status of one resilient group of women - Palestinians. Their economic and social development has been hindered by disparate treatment in all facets of their lives from both internal and external factors involving the intertwining of customary...

Would you like a Fitbit with that insurance policy? It seems, perhaps, like a strange question for a policyholder to hear. Yet this, and similar questions, are increasingly common due to a trend in insurer wellness programs. Health and life insurance companies are offering policyholders wellness...

The Gaza Strip and West Bank Palestinian Territories are currently under the authority of two different Palestinian governments. Gaza has Hamas, and the West Bank is under the jurisdiction of Palestinian Authority (PA) President Mahmoud Abbas, head of the mainstream Fatah party. Palestinian...

Davis v. Davis appears in many property books as well as some casebooks about family law. It features property rights in unique goods, and stimulates discussion about whether embryos should be the subject of court decisions, much less market transactions. Davis touches on ideas of...

This article discusses the potentiality of a Truth and Reconciliation (TRC) for the Holyland - Palestine and Israel. At some point, peace may come to the region and the independent state of Palestine may sit by side with Israel. At that time, the Palestinians may wish to come to terms with the...

This article is the second in which Dean Wing explores the notion of secularism in different societies. The first was Critical Race Feminism Lifts the Veil?: Muslim Women, France and the Headscarf Ban, 39 U.C. Davis Law Review 745 (2006) (with Monica Nigh Smith). The article abstracted here...