The old understanding of international law as something created solely by and for sovereigns is defunct. Today the production and enforcement of international law increasingly depends on private actors, not traditional political authorities. As with other public services that we used to take for...

This article, written for a symposium on Bond v. United States, connects the law and economics of contract interpretation to the Supreme Court’s modern practice of creating statutory interpretive presumptions. The paper compares information-forcing defaults, both majoritarian and penal, to...