Prior to the establishment of the non-judicial Australian Takeovers Panel in 2001, takeover litigation before the courts rarely led to an appeal to a higher court; for commercial reasons, many cases were settled before a final judicial resolution was reached. Before the introduction of the...

Who gets to determine rights and justice? Which mechanism of judicial selection and accountability is optimal? There is no easy answer. If judges are independent experts, nominated and evaluated by their peers, they will be immune from the pressures of electoral rent-seeking, but unaccountable...

One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand, there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The...

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the...

This Essay exposes connections between two controversial cases that unsettled two ostensibly distinct areas of constitutional law. The Supreme Court's 2018 decision in South Dakota v. Wayfair held that the Commerce Clause permits enforcement of sales taxes against online retailers with no...

Security is one of the widest and open-ended concepts. Each discipline focuses only on its particular aspects. Global constitutionalism recognizes security as a public aim that justifies interference with constitutional freedoms. At the same time security is a basis for broad discretion of...