It is well known that the government’s complete failure to enforce a law can nullify that law. But what are the effects of partial enforcement? This Article shows that imperfect enforcement can alter the de facto content of the written law in predictable and beneficial ways. Specifically, in...

When South Africa became a constitutional state in 1994, an animated debate arose about the possible reversal of the burden of proving the reasonableness of a restraint-of-trade clause as between the parties. Only a brief summary of this debate is necessary as introduction to the current article...

Issues lying at the intersection of intellectual property and climate change are hot. From the ongoing discussions under the U.N. Framework Convention on Climate Change to the Conference on Innovation and Climate Change held by the World Intellectual Property Organization, countries have...

International commercial arbitration and its efficiency not only depend on the recognition and enforceability of foreign arbitral awards, but also rest on a willingness by national jurisdictions to minimize the scope for challenging the validity of a duly rendered award. The author will perform...

The FTC is an agency that is independent of the Executive but not the judiciary. While the courts have recognized expansive Commission authority, too often they have applied Sherman Act standards as if the Commission were the Antitrust Division. Three Commission losses in Circuit Courts almost...

More than a decade after the Arab oil embargo, the industrialized West still relies on an endless string of ocean tankers to satisfy its profligate need for energy. Every day, more than 100,000,000 tons of oil are transported by ocean vessels. In shipping lanes that each day become more...

Many municipalities are making critical errors in their attempts to alleviate current financial burdens by contracting with private entities to perform many of their essential functions, most notably those agreements with companies to install traffic cameras and, in many cases, to monitor and...