As I have stated, summary judgment is unconstitutional. Professors Edward Brunet and William Nelson's responses to my article Why Summary Judgment Is Unconstitutional confirm that summary judgment is unconstitutional. No procedure analogous to summary judgment existed under the English common...

Summary judgment is unconstitutional. This symposium article summarizes this thesis, which was first set forth in Why Summary Judgment Is Unconstitutional published by the Virginia Law Review. This article also describes the attention that the thesis has begun to receive in the federal courts...

If one or more federal trial or appellate court judges disagree on whether summary judgment should be ordered, summary judgment can still be granted when an appellate majority finds in favor of summary judgment. The case will be dismissed, and a jury will not try it. Logically, however, should...

This Article proposes a reform for nonprofit exemption and unrelated business income tax. Current tax law provides unclear guidance and requires exempt organizations to risk their entire exemptions on this guidance, leading them to make the socially inefficient choice to use for-profit...

This Comment considers whether states and municipalities might benefit from altering prevailing practices regarding security interests and bond issues. After reviewing the primary methods of municipal bond financing and their current treatment by courts, the Comment argues for a broader use of...

Delaware dominates the market for business formations. Two main theoretical explanations have been offered to justify Delaware's continued success. One focuses on the state's credible commitment to producing responsive organizational law in the future. The other looks to the network effects that...

Today, some hedge funds attack public companies for the sole purpose of inducing a short-lived panic which they can exploit for profit. This sort of market manipulation harms average investors who entrust financial markets with their retirement savings. While short selling serves a critical...

This online companion to Protecting LLC Owners While Preserving LLC Flexibility considers several alternative approaches that might unify LLCs' twin goals of owner protection and governance flexibility. I examine self-regulation, private certification, investor-led market forces, lawyers in...

Insurance policy design and regulation continually grapples with moral hazard concerns. Yet these concerns rest largely on theory-based assumptions about how rational economic actors will respond to financial incentives. Advances in behavioral economics call these assumptions into question.This...