When the Supreme Court (“Court”) handed down its opinions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), the majority's holding engendered breathless (at least in legal terms) headlines. Clearly, without a smidgen of doubt on the part of arbitration's opponents and proponents, five...

With debts rising faster than new graduates' starting salaries, a student debt crisis has the potential to haunt the nation much in the way the mortgage crisis did ten years ago. Beginning in 2016, a new mood dampened the federal bureaucracy's regulatory pace. The DOE, led by Secretary Elisabeth...

Many believe that consumer-sourced reputational information about products would increasingly replace top-down regulation. Instead of protecting consumers through coercive laws, reputational information gleaned from the wisdom of the crowd would guide consumer decision making. There is now a...

In this article, I expand upon a happy coincidence (for scholars) in reconciling the overlap between contract and fraud. Both the recent book by Ian Ayres and Gregory Klass and the Delaware Court of Chancery in Abry Partners Acquisition V, L.P. v. Famp; W Acquisition, LLC addressed the issue of...

As of the a bankruptcy petition’s filing date (the “petition date”), § 362(a)(1) stays “the commencement or continuation ... of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under...

Law is the way civilized societies provide for the conduct of citizens to enhance harmony and optimize achievement of personal liberties. Our laws are an attempt to deal with many of the most horrible ways humans treat each other. Laws are also divided into many sub-specialties, each requiring...

The May 2021 ransomware attack on Colonial Pipeline was a wake-up call for a federal administration slow to realize the dangers that cybersecurity threats pose to our critical national infrastructure. The attack forced hundreds of thousands of Americans along the east coast to stand in endless...

Distilled to its most basic sense, § 363(k) has always given secured creditor the right “credit bid,” or to use, up to the full amount of the debt owed to the secured creditor by the debtor, as currency in any sale of the collateral securing the debt owed to that claimant under § 363(b)...

Our laws have sought to promote “and enforce a sense of morality in the business community. Well-settled laws regulating fraud, undue influence, fiduciary relationships, confidential information, truth-in-advertising, fair reporting practices, etc., have their origins in moral codes and...