Category Archives: Articles

Legal Ethics in an Adversary System: The Persistent Questions

It is a particular pleasure to be among so many friends and distinguished colleagues, and to have an occasion to honor one of the founding fathers of our field. As many of you doubtless noted, my title is a variation … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Foreward: Like Gravity

The adversary system, like gravity, affects us all. We cannot escape it. The adversary system, and the ethical standards of the lawyers who operate within the adversary system, therefore warrant continual study. View PDF

Posted in Articles | Tagged , , , | Leave a comment

Delayering Corporate Law

Corporate law has become unnecessarily complicated. Despite the proliferation of laws, problems fester and scandals erupt. Something is wrong. This Article seeks to delayer corporate law—to strip it down to its essence—and after doing so, offer concrete suggestions for reform. … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Attractive Complexity: Tax Deregulation, the Check-The-Box Election, and the Future of Tax Simplification

Dissatisfaction with the complexity of the income tax is nothing new. Still, recent decades have seen anything but a decrease in the tax law’s complexity. The seemingly inexorable rise in complexity has attracted the attention of scholars, inspired politicians and, … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Inheritance Rights and the Step-Partner Adoption Paradigm: Shades of the Discrimination Against Illegitimate Children

Due to changing social norms and evolving reproductive technology, the issue of what constitutes a family, and more specifically, what constitutes a legally recognized parent-child relationship, is one of the more complex and hotly debated issues in the legal academy. … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Applicants Laid Bare: the Privacy Economics of University Application Files

So—Princeton University’s admissions staff hacked into Yale University’s application files to get access to personal information about Yale applicants. This unlikely event brings to mind the comprehensiveness of application files—a veritable one-stop-shop for those interested in applicants’ personal information. Just … Continue reading

Posted in Articles | Tagged , , , , | Leave a comment

The Evolution of the “Patient”: Shifts in Attitudes About Consent, Genetic Information, and Commercialization in Health Care

A momentous ideological change in the world of health care has accompanied the advent of managed care, third party payers, soaring costs, and sophisticated medical technology. The ideological change has facilitated a far-reaching transformation in the physician-patient relationship. A form … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Re-membering Law in the Internationalizing World

This article addresses the current unprecedented intermingling of laws and legal norms in our internationalizing world. It examines in particular the meeting of the common and civil law in the European Union as an indication of the often unseen and … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Responsibility and Control

In two recent cases, Kansas v. Hendricks and Kansas v. Crane, the Supreme Court upheld sex predator legislation. The Kansas statute, which is similar to legislation adopted in other states, provides for the indefinite detention of those classified as sex … Continue reading

Posted in Articles | Tagged , , , | Leave a comment

Preamble Preemption and the Challenged Role of Failure to Warn and Defective Design Pharmaceutical Cases in Revealing Scientific Fraud, Marketing Mischief, and Conflicts of Interest

In January 2006, the Bush administration articulated a position in favor of a broad conflict preemption doctrine that would immunize pharmaceutical manufacturers from civil liability when the Food and Drug Administration (“FDA”) had previously granted permission to place a prescription … Continue reading

Posted in Articles | Tagged , , , | Leave a comment