Rick Marcus on the Future of the American Class Action

Published on: Author: Scott Dodson

My colleague Rick Marcus, one of the current “greats” in the world of civil procedure, recently wrote a paper called “Bending in the Breeze: American Class Actions in the Twenty-First Century.” In the paper, Professor Marcus appraises the future of the federal class action.   Professor Marcus is in a good position to do so; he… Continue reading

Jared Ellias on Bankruptcy Forum Shopping

Published on: Author: Jodi Short

What drives forum-shopping? Is it that sophisticated litigants seek jurisdictions that offer judicial expertise and predictable application of the law, or is it that sophisticated litigants seek to game the system by seeking out judges more likely to be biased in their favor? In “What Drives Bankruptcy Forum Shopping? Evidence from Market Data,” Professor Jared… Continue reading

Veena Dubal on Employee Status in the Gig Economy

Published on: Author: Joan Williams

I have been thinking a lot about my brilliant colleague Veena Dubal’s work on the underbelly of the gig economy or (as Dubal prefers to call it) the precariat. Professor Dubal’s two articles, Wage Slave or Entrepreneur? and The Drive to Precarity combine sophisticated doctrinal analysis with deep ethnographic research to raise some big questions… Continue reading

Joan Williams on Building Interracial Economic Justice

Published on: Author: Veena Dubal

“How could this have happened?” Every day, for the past 200 days or so, I have heard a friend, colleague, or acquaintance mutter some version of this question. As many of us continue to grieve the election of Donald Trump, we ask—rhetorically—why our fellow Americans thought this man was fit to be president. What “we”… Continue reading

John Crawford on Post-Recession Financial Reform

Published on: Author: Abe Cable

We’re closing in on a decade since the height of the financial crisis, so perhaps it’s not surprising that reflection on financial regulation is in the air. Much of the focus has been on two divergent ideas. On the one hand, President Trump evidenced a deregulatory approach when he famously announced he would “do a… Continue reading

Abe Cable on Stock Options at Unicorn Start-Ups

Published on: Author: John Crawford

A “unicorn” in Silicon Valley lingo is a private company that has achieved a valuation of $1 billion or more. During the first dot-com craze in the late 1990s, such creatures were truly imaginary, as companies rushed to go public in the relatively early stages of growth. More recently, unicorns have become startlingly common, as… Continue reading

Zach Price on Congressional Control of Executive Spending

Published on: Author: Scott Dodson

My colleague Zach Price, who writes about constitutional law, with a specific emphasis on separation of powers and executive power, has written a timely and very important new article called “Funding Conditions and Separation of Powers,” forthcoming in Vanderbilt Law Review. The article tackles a heady issue of law and politics: when are congressional conditions… Continue reading

Joan Williams on Understanding the Working Class

Published on: Author: Scott Dodson

My illustrious colleague Joan Williams has published a new book with Harvard Business Review Press called White Working Class: Overcoming Class Cluelessness in America. The book is an expansion of her widely shared (more than 3.5 million times!) essay on the working class and the 2016 presidential election. In the book, Professor Williams offers an… Continue reading

David Takacs on South Africa’s Treatment of Water Rights

Published on: Author: Dave Owen

As it emerged from decades of legal apartheid, South Africa also embarked on an ambitious program of water-law reform. At its core were two ideas. The first was to treat an old legal concept—the public-trust doctrine—as a foundation for the emerging legal system. That meant treating water as a common resource, to be held by… Continue reading

Manoj Viswanathan on Centralized Intermediaries and Tax Compliance

Published on: Author: Heather Field

My colleague Manoj Viswanathan has written a new article, “Tax Compliance in a Decentralizing Economy,” forthcoming in Georgia State University Law Review. This article reveals the threat to tax compliance that is posed both by new technologies that enable on-demand sharing of services and by blockchain technology that facilitates cryptocurrency (e.g., Bitcoin) transactions and other… Continue reading