The phenomenon of “sticky boilerplate” causing inefficient contract terms to persist exists across a variety of commercial contract types. One explanation for this failure to revise suboptimal terms is that the key agents on these transactions, including attorneys and investment bankers, are...

In recent years a platform economy has emerged that is dominated by undertakings such as Google, Amazon, Facebook, Apple and Microsoft. They have established a form of private governance vis-à-vis their consumers and customers by means of standard terms that create a risk of exploitation. This...

Mainstream policy discussions take as given that the United States will and must pay its debts in full and on time, and that restructuring is legally and politically impossible. In our judgment, this assumption is unwarranted. Far from being unthinkable, under some circumstances restructuring...

This article proposes an incentive-based method to facilitate private antitrust enforcement in the European Union. Focusing exclusively on cartels, the article first explains why antitrust enforcement benefits from being both public and private. It goes on to suggest that through an improved...