The principle known as the ‘the rule in Hastings-Bass’ that has developed in first instance courts in England since 2000 is mistaken. Stating, as it does, a short list of conditions for when equity will interfere with a fiduciary's decision is not consistent with equity's conceptual...

Voters use ballots to choose their preferred candidates or to express support or opposition to ballot initiatives and referenda. There are many and diverse rules for how these people or items appear on the ballot in the first place—who can obtain “ballot access.” Once states began printing...

This article considers whether the emergence of business models based on free digital delivery of music and other content have rendered copyright protection less necessary or justifiable. Falling production and distribution costs have led many scholars and popular commentators to conclude that...

The classic defense of free speech has justified its protection on public grounds. Under this view, the First Amendment protects free speech to ensure the proper functioning of democratic self-government by facilitating the spread of truth on important public matters. Recently, however, legal...

Legal scholars have never settled on a satisfactory account of the evolution of property rights. The touchstone for virtually all discussion, Harold Demsetz's Toward a Theory of Property Rights, has a number of well-known (and not so well-known) shortcomings, perhaps because it was never...

In vivo conversion is a process, often metabolic in nature, wherein one substance, usually a chemical compound, is altered significantly by physiological pathways in the body into one or more different substances. For example, when a patient ingests a therapeutic drug, that drug is often...

This essay deals with one of the persistent problems in the law of negotiable instruments, namely the practice-originated legal phenomenon of so called quasi-instruments (it focuses on quasi-checks and deals also with quasi-notes.) First, it supplies a formal definition for quasi-instruments. It...