Since United States v. Lopez first brought the distinction between economic and non-economic activity to the forefront of the Supreme Court's Commerce Clause analysis, courts and commentators alike have been grappling with the issue of what constitutes an economic activity for federal regulatory...

The economic models of bargaining and tort law have not been integrated into a coherent theory that reflects the empirical world. This Article models the interaction of settlement dynamics and the theory of negligence. It shows that tort claims are systematically devalued during settlement...

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 argues that nuisance law transformed in significant and largely unnoticed ways during the mid-to-late twentieth century. This transformation of nuisance law generates uncompensated takings by depriving plaintiffs of access to compensatory damages for nuisance claims for the sole...

Bullying affects from fifteen percent to thirty percent of all students in the United States. It results in serious emotional problems for its victims and is a consistent predictor of later criminal behavior among its perpetrators. It is a major force behind dropout rates and absences, and for...

Laws governing relations between spouses have undergone profound changes that continue to revolutionize the standards and procedures for dissolutions of marriage. The most dramatic changes in divorce law have come from the advent of no-fault divorce, the decline in spousal maintenance awards,...

At its 2018 Annual Meeting, The American Law Institute completed nearly a decade's worth of work on the Restatement of the Law, Liability Insurance. The Restatement's approval was deferred for a year from the 2017 Annual Meeting, largely because of opposition from insurance industry interests....

This is the Introduction to the published Symposium on "What We Know and Do Not Know About the Impact of Legal Services on the American Economy and Policy," held at the University of Texas School of Law in February 2002. It notes that many of the articles in the Symposium cast doubt on claims...