In recent years, legal scholars in the United States and Europe have explored aspects of legal strategy relating to competitive advantage and the role of law as a positive force within companies. In the United States, the focus has been on law as a source of competitive advantage, while in...

For centuries, juries have been hailed as a model of popular participation in government. Alexis de Tocqueville famously described the American jury as "both the most effective way of establishing the people’s rule and the most efficient way of teaching them how to rule." But even as he...

Professor Heather Gerken has made important contributions to our understanding of democracy and federalism. Part I of this article summarizes two of her most significant ideas. The first is “taking federalism all the way down,” the theory that many of the benefits of federalism can be...

The question of group-based human rights for older people, rooted in recognition of their specific vulnerabilities, has come under the spotlight in recent years. The emergence and intensification of an international debate concerning the role of human rights norms in addressing difference and...

This paper shows how provision of public goods differ in the context of centralisation and decentralisation when the incumbent politician confers the responsibility of the actual provision to a bureaucrat who extracts bribe from the public and provides a predetermined portion of it to the...

Regulation is one of the key tools governments can use to respond to the COVID-19 pandemic and move towards recovery. While the pandemic underscores the need for well-designed, evidence-based regulatory policies, the extraordinary pressures it imposed often forced governments to shorten...

The Information Economy produces a host of new injuries to personal privacy. These include damage from data mining, data spills, identity theft, the tracking of online activity, and spam. Policymakers are currently searching for a framework with which to think about the governance of these...

This article summarizes federal legislation attempts during the past 14 years in the areas of online gambling and sport betting, arguably the most contentious gambling industry sectors. The paper first recaps the key pieces of legislation in effect as of mid-2012 governing the U.S. gambling...

This written statement addresses several of the questions raised regarding the potential legalization of betting and gambling in India. Of the five questions posed in the Appeal, dated May 30, 2017, I address only the first two: 1) “Will legalizing betting and gambling help in curbing the...