In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA), a statute designed to prevent the further spread of state-sponsored sports-wagering. The statute’s language has the effect of granting a property right to sports leagues, implicating the Constitution’s...

The last 30 years in the history of international investment law witnessed the emergence of investor-state dispute settlement (ISDS) as the definitive method for the resolution of investment disputes, and the expanding role of the investor in the same. Investment dispute settlement has become...

‘Brexit’, the departure of the UK from the EU, has given the movement for Scottish independence a new boost. However, an analysis of the nationalism that the governing Scottish National Party adopts, a self-styled ‘civic nationalism’, shows several contradictions: a European Scottish...

(i) Council Regulation (EC) 1346/2000 on insolvency proceedings (‘EU Insolvency Regulation’) was based on the model of modified universalism, but its current practice militates towards pure universalism. (ii) Universalism coupled with the policy of ensuring the proper functioning of the EU...

This paper develops a general model of anticommons fragmentation in property. To this end, we differentiate between different forms of property fragmentation. With the use of several functionally related examples, we consider the equilibria obtained under different scenarios. The various...

Many scholars of law and economics have taken an interest in game theory. This article, part of a symposium on new developments in law and literature, focuses on the narrative structures of the most standard of the game theory names: Prisoners’ Dilemma, Battle of the Sexes, Chicken, and Stag...

There is a general consensus that the root cause of the most recent turmoil in the domestic and global markets is due to a failure in our regulatory system. Yet, Congress has not supported comprehensive regulation related to the day-to-day activities of mortgage brokers and their relationship...

Incomplete information is an obstacle to deal-making. Information problems also exist as to ongoing matters in the parties’ relationship. That this is so is well known. But attention has focused largely on a subset of information problems where there is agreement on what the information is and...

This Article explores the panoply of state-of-mind rules in inheritance law. In areas of law concerned with wrongdoing, consideration of mental states achieves specific deterrence and moral justice. By comparison, in the inheritance realm, I argue that consideration of mental states can serve to...

This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify...