Credibility is a determinative factor in many of the immigration cases adjudicated every year (and, each year, the federal immigration agency adjudicates hundreds of thousands of cases). Given the numbers of affected immigrants and the stakes involved, it is essential that the legislature,...

One prong of the antitrust litigation against Microsoft Corporation challenges the terms under which Microsoft has licensed its Windows operating system to computer manufacturers (OEMs). Plaintiffs complain that the license agreements' requirement that the first screen to appear when customers...

One prong of the antitrust litigation against Microsoft Corporation challenges the terms under which Microsoft has licensed its Windows operating system to computer manufacturers (OEMs). Plaintiffs complain that the license agreements' requirement that the first screen to appear when customers...

The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system embodies this power, but does it fulfill its essential purpose? This Note explores the scope of the exclusive rights of patents, arguing that in many circumstances the exclusive...

Smoking is the leading cause of preventable death in the United States. More than 12 million premature deaths over the past 40 years were attributable to smoking. Today, smoking causes approximately 438,000 deaths each year and results in over $167 billion in annual health-related economic...

The Supreme Court’s approach to equity exerts a decisive influence on legislative developments. There is considerable controversy surrounding the judicial use of equitable principles to deny statutory relief. Of equal concern is that courts engage in interest balancing, or policy-making, that...

State regulation of lawyers has failed to keep pace with the increased complexity and geographic scope of law practice. A particular problem is that lawyers in the branch office of a multi-jurisdictional firm are subject to the ethical rules of the state in which the branch office is located....

The article explains reasons why governmental regulation of online dispute resolution (ODR) would be so beneficial. Essentially, in order to maximize the benefits of the ODR model, the author believes that the government can and should regulate the practice. This article is different from most...

Consider legal uncertainty as uncertainty about the legality of a specific action. In particular, suppose that the threshold of legality is uncertain. I show that this legal uncertainty raises welfare. Legal uncertainty changes deterrence in opposite directions. The probability of conviction...

Brexit is creating a lot of uncertainty for banking and financial relationships. This article tries to bring some clarity on four issues: the law applicable to contractual and non contractual obligations, the interpretation and performance of contracts executed before the referendum, the...