Ecosystem management requires understanding society's goals for an ecosystem and managing for some optimal solution. Unlike terrestrial ecosystem managers, coastal and marine ecosystem management seldom integrates across sectors or scientific disciplines to achieve desired social benefits. An...

This Response to Professor Deborah Widiss's Texas Law Review article, Undermining Congressional Overrides: The Hydra Problem in Statutory Interpretation, is generally sympathetic to Widiss's concerns but cautions that she may be according Gross v. FBL Financial Services too much weight. Gross...

As interpreted by the Supreme Court, the Federal Arbitration Act has largely swept all before it, validating agreements to arbitrate almost all disputes, including those involving claims under statutes regulating the employment relation. That era may be nearing an end. The National Labor...

Even a cursory review of the Antitrust Division's new Merger Guidelines reveals that they revolve around the concept of “concentration” and advance a particular method of measuring it – the Herfindahl-Hirschman Index. While concentration is scarcely a new idea in the antitrust treatment of...

As far as Remedies is concerned, the new Restatement of Employment Law is very much a mixed bag. Perhaps the most obvious conclusion is one we did not need a Restatement to know: the law's remedial scheme generally favors employers although this may largely stem from the reality that most...

American employers have rarely paid for the noncompetition agreements they require of many employees, at least if “payment” is defined as anything above normal compensation. That is clearly changing – at least in some sectors of the economy and for at least some employees. A version of the...

If applied literally, the Lilly Ledbetter Fair Pay Act has the potential to radically change the landscape for litigating claims under Title VII and other antidiscrimination laws. While limited to discrimination in compensation, as opposed to discrimination in other terms and conditions of...

Using the lens of the precedential status of vacated opinions (that is, opinions supporting a judgment that has been vacated on any one of a variety of grounds), this Article explores the role of precedent at this point in the development of the American legal system. It identifies a deep...

The last few years have seen the beginnings of what could become a radical revision of the law’s approach to restraints on competition in the labor market. While most attention has been focused on “non-competes” — agreements between employers and their employees imposing postemployment...

The opinion reproduced below was delivered to us anonymously, with a cover note stating that it had been found on a photocopy machine in the Supreme Court of the United States. Efforts to identify the source of the note have been unsuccessful; further, we have been unable to confirm that a case...