This Article observes that there is not a clear consensus among courts in how to describe the scope and nature of a breach of the peace when a lender elects self-help repossession and things go awry. That does not mean that courts have not deduced some guideposts that parties can use in deciding...

The recently enacted Small Business, Enterprise and Employment Act of 2015 makes sweeping changes to the insolvency framework of the United Kingdom, supplanting much of the 1986 Insolvency Act, which had already undergone substantial amendment since its original passage. These changes illustrate...

This paper selects amendments to the Federal Rules of Civil Procedure that bear promise for cutting the costs of civil litigation. It suggests how to teach students (and lawyers) to take advantage of the amendments to protect one's client from overly costly or abusive discovery. It also includes...

This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

Trademark law is incoherent, and it fails to manage all the interests at stake in the modern business environment. This failure flows from a core misunderstanding. Trademark law has not grasped that is managing brands, not trademarks. In this article, Professor Deven Desai develops a new theory...

This working paper is the precursor to a chapter I am writing for an edited collection on substantive judicial review. In this working paper, I argue against the two dominant schools of thought in this area, according to which substantive review is either bifurcated (by reference to the...

In this paper, I argue that a proper understanding of the idea of deference is impossible unless an adequately structured approach to the doctrine of proportionality is adopted. I criticise judicial decisions which fail to adopt a structured approach to proportionality and demonstrate how...

This paper contrasts UK and US governance of M&A break fees to see what the contrast can teach us about trade-offs between litigation and regulation as modes of governance, including how laws change under each regime over time. Data on 1,136 bids in 1989-2008 and 61 fee disputes show: (1) the UK...