This article surveys the literature on regulatory arbitrage in four settings: labor regulation,
environmental protection, corporate governance, and banking and finance. For a regulatory …

That states compete for incorporations of public companies has long been a dominant
paradigm in corporate legal scholarship. 1 According to this paradigm, states derive …

This article focuses on a dual argument. First, much law is privately made. In other words,
there is something we should call law, that carries much of the effect of legislation or case …

Predatory lending is a scourge of the modern American financial system. A recent analysis
of this problem estimated that it costs US borrowers $9.1 billion annually, even excluding …

Articles Page 1 Articles HIJACKING CHAPTER 11 George W Kuney* The money is the key to
this thing.' * Associate Professor and Director of the James L. Clayton Center for …

In General Motors' historic bankruptcy, investment bank JP Morgan learned a hard lesson
about the effect of property law on contractual priority. Although the debtor promised the …

What prompts this discussion is the emergence of" open source" licensing, 1 a scheme of
software licensing that makes comprehensive governance of a field of information …

The mortgage foreclosure crisis raises legal questions as important as its economic impact.
Questions that were straightforward and uncontroversial a generation ago today threaten the …

A half-century ago, checks held an overwhelmingly dominant role in facilitating payments
without cash.'As recently as a decade ago, the status quo for an end-user making noncash …

Unlike rulemaking and judicial review, administrative adjudication is governed by a norm of
exceptionalism. Agencies rarely adjudicate according to the Administrative Procedure Act's …