The rapid rise of cryptocurrencies over the last twenty years has interjected havoc into the staid field of commercial law, one long regulated by the Uniform Commercial Code (“U.C.C.” or “UCC”). Naturally, many individuals and organizations started to count their stash of...

Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....

I show that in a true Coasean world - a world with no transaction costs - there would be no disagreement on moral questions. There would be no disagreement on what the appropriate distribution of income should be. There would be no disagreement on the question of capital punishment or abortion....

This Article proposes a new method of reducing the costs administrative agencies incur in monitoring regulatory compliance by a firm that operates multiple sources of risk, such as air-polluting smokestacks. The expense of individually monitoring such sources directly may consume a large share...

Eventually, all law is about sovereign intervention. But public law is distinct from private law in that intervention is not only subsidiary. And it is distinct from criminal law in that intervention is undertaken with the intention to govern. This explains that taming sovereign powers features...

In 1938, Harold Hotelling argued that the optimum of the general welfare corresponds to the sale of everything at marginal cost and that therefore government revenues should be used to subsidize all industries having large fixed costs. Ronald Coase's 1946 article The Marginal Cost Controversy...

This Article examines procedural protections that safeguard substantive rights in administrative adjudications. Federal administrative agencies essentially conduct trials without a jury or an Article III judge, and their decisions are afforded deferential judicial review. Agencies also directly...

This Article offers a comprehensive examination of the Skidmore standard for judicial review of agency legal interpretations as applied by the courts in the period since the Supreme Court revitalized Skidmore in United States v. Mead Corp. First, the Article documents an empirical study of five...

The argument that environmental standards must be harmonized among countries involved in free trade in order to ensure a quot;level playing fieldquot; has been prominent in the recent political discourse surrounding globalization and the expansion of international trade. Among academic...

It has been long recognized by members of both major political parties that federal regulatory burdens can operate as a hidden tax. President Donald Trump has echoed that view. In response, his administration has issued a “Regulatory Freeze Pending Review” Memorandum to executive branch...