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The Credit Markets Go Dark

modal firm may very soon be one that is owned by a private equity fund and financed by a private credit fund. For some smaller firms that would have

Forum: AI and Captured Capital

capital” stems exactly from a laissez-faire approach to the economic ordering of firms that has enabled them to optimize their firm structures for AI

Forum: Gig-Economy Myths and Missteps

antitrust law in recognition of their unique pro-employee function, Paul argues firms like Uber that set prices for independent contractors should be subject

De-Schooling Constitutional Law

Yale Law Journal - De-Schooling Constitutional Law De-Schooling Constitutional Law For more than two centuries, constitutional law has been created

The New Labor Law

evaluates the incipient labor law, contrasting it to the existing system of firm-based collective bargaining, on the one hand, and a post-union

Political Entrenchment and Public Law

antientrenchment review in the context of election law). See Martin Gilens, Affluence and Influence: Economic Inequality and Political Power in America 74 (2012

The President and Immigration Law Redux

plan-rewriting-the-law http://perma.cc/ND78-RDGL; David A. Martin, Concerns About a Troubling Presidential Precedent and OLC’s Review of Its Validity

A Reassessment of Common Law Protections for "Idiots"

of law.” More recently, in March 2015, Judge Beverly Martin of the Eleventh Circuit wrote in dissent that a defendant’s claim—that his “mental and

Criminal Attempts

reasoned, common law homicide definitions were formulated using language that was developed without the act-result distinction firmly in mind, and so it

What’s Wrong with Intentionalism? Transformative Use, Copyright Law, and Authorship

Circuit’s decision in Cariou that some, but not all, of Prince’s works were p… See Martin Shapiro & Alec Stone Sweet, On Law, Politics, and