Why are so few intellectual property right claims brought to the ECtHR? Why would aggrieved individuals or corporations seek enforcement of their intellectual property rights in the European Court of Human Rights? What remedies could they secure and how do these remedies compare to those...

Do contracts influence behavior independent of the law governing their enforceability? We explore this question in the context of employment noncompetes, using nationally representative data for 11,500 labor force participants. We show that noncompetes are associated with reductions in employee...

Slowly but surely, international trade agreements have disappeared from U.S. courts. This Essay provides a concise historical account of this disappearance--which it calls the ‘‘Great Vanishing’’--and explains how and why it came to pass. It first describes how the Trade Preferences Act...

Most scholars believe that courts should enforce government contracts, though they disagree about the extent to which liability or damages rules should trade off relevant considerations - the problem of governments holding up contractors, on the one hand, and the problem of governments using...

This article begins with a general discussion of why governments comply with international law norms. It then discusses the specific antitrust context in which international norms are created, the process of identifying fundamental due process norms, and the review mechanisms that were adopted...

This article explores whether design of enforcement mechanisms in data privacy laws influences the types of privacy harms addressed by them through evaluating evidence of enforcement from four jurisdictions. It uses three of the foundational design principles identified by Cavoukian to examine...

China is on the cusp of its fourth decade as a party to the New York Convention for the Recognition and Enforcement of Foreign Arbitral Awards. At the time of China’s accession in 1987, the highest levels of the Chinese government supported entry and implementation of the New York Convention,...

The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a...

This article argues that while EU competition law rightly takes a functional approach to its subject—the undertaking and its economic activity—a string of cases has been developing leading to what this article coins as the Compass doctrine: economic activity of a public entity falling...