This Essay explores the relationship between normative law and economics and legal theory. We claim that legal theory must account for law's coerciveness, its normativity, and its institutional structure. Economic analyses that engage these features are an integral part of legal theory, rather...

Why has the law of fraud expanded beyond the traditional categories of misrepresentation and concealment to include affirmative duties of disclosure? What justifies doctrines as diverse as unilateral mistake, duress, and unconscionability? And how can we explain modern regulatory cognates of...

Poverty has so far been overwhelmingly understood as a state of distributive injustice. As a result, the debate in private law theory about the role of private law in alleviating poverty has essentially collapsed into the question of whether private law could, and should, promote distributive...

The decades before and after the turn of the twentieth century, like those surrounding the turn of the twenty-first, are often understood as periods of globalization. The two periods share key features that characterize the global as a motif, including high mobility of goods, services, people,...