Equity, that ancient and amiable dowager of Anglo-American law, often appears to have ambled through the twentieth century free of the stress and strains that have belabored the common law. A closer analysis of the practice and logic of equity in the modern statutory context, however, undercuts...

Speech delivered to the Federation of European Securities Exchanges' 7th European Financial Markets Convention in London in June 2003.

Materials presented in conjunction with a keynote speech delivered on May 15, 2003 at a congress on Tax Competition, organized by the European Tax College and held at Tilburg University, the Netherlands.

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...