My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court’s concern with over-deterrence has increasingly dominated constitutional...

A number of recent corporate law scandals (including the Wells Fargo fraudulent accounts scandal, the Volkswagen emissions scandal, sexual harassment claims at Fox News and CBS, and various banking scandals currently under investigation in a high profile Australian Royal Commission) epitomize...

This is a Comment on Troy A. McKenzie, "The Mass Tort Bankruptcy: A Pre-History", 5 J. Tort Law 59 (2012), which was prepared for "The Public Life of the Private Law: The Logic and Experience of Mass Litigation," a conference at Vanderbilt Law School in honor of the late Richard A. Nagareda.The...

This essay analyzes the three papers presented on a panel I organized as chair of the AALS Antitrust Section entitled Evolving Antitrust Treatment of Dominant Firms for the 2005 Annual Meetings. Steve Salop’s and Doug Melamed’s papers recommend standards for government intervention while...

There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires...

Antitrust law provides treble damages for victims of antitrust violations, but the vast majority of private cases settle. The average or median size of these settlements relative to the overcharges involved has, until now, been only the subject of anecdotes or speculation. To ascertain what we...

The Shipping Act of 1916 (hereinafter Shipping Act) requires ocean carriers and other persons subject to the act to publish tariffs outlining their rates, charges, regulations and rules for services and the use of their facilities. Other persons subject to the Shipping Act are defined as those...

Given the statutory goal of parental accountability, this Article focuses on a narrow issue: Whether parental guarantees are the most effective regulatory tool for shielding the federal deposit insurance fund from losses when insured banking subsidiaries that are members of a multibank holding...

This Article advocates that states' statutes make greater and more systematic use of multiple damages by extending them to a much broader range of intentional, wrongful conduct. Part II of this Article will explain why extra-compensatory relief is called for when tortious conduct is intentional...

In light of the dearth of scholarly attention to section 15(c)(1) to date, this article is intended to be the first, rather than the last, word on the issue of implying a private right of action under that section. The legislative history of section 15(c)(1) points to a congressional assumption...