Tag Archives: Volume 40 Issue 1

The Adam Walsh Act as Applied to Juveniles: One Size Does Not Fit All

Imagine a nine-year-old boy who is forced to watch pornography and who is subjected to uninvited touching by his relatives. For some, that is a nightmare, but for Tony Washington, that was his reality. When Tony was twelve, his father … Continue reading

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

Nearly Toothless: Why the Speech Act is Mostly Bark, With a Little Bite

In 1990, after his first appearance as the title character in The Terminator, and before his stint as the thirty-eighth Governor of California, Arnold Schwarzenegger found himself trying to squelch a public relations nightmare. Two years earlier, celebrity journalist Wendy … Continue reading

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

Contracts Meet Henry Ford

It takes less than twenty-four hours to assemble a car. We all know about automobile assembly lines, so this fact comes as no surprise. Why then are we aghast to hear that a complex contract can be produced in “three … Continue reading

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

The Crisis Exposed by Pari Passu

To this practitioner, The Three and a Half Minute Transaction by Mitu Gulati and Robert E. Scott describes a “crisis” in the Chinese sense of a situation that presents a danger and an opportunity. The danger is that the clients’ … Continue reading

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

Justice Samuel A. Alito’s Lonely War Against Abhorrent, Low-Value Expression: A Malleable First Amendment Philosophy Privileging Subjective Notions of Morality and Merit

A trio of U.S. Supreme Court rulings during its most recent two terms demonstrates that Justice Samuel Anthony Alito, Jr. is no friend to expression that offends his personal sense of both morality and substantive merit. In fact, he might … Continue reading

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

“Sometimes a Cigar is Just a Cigar”: The Simple Story of Pari Passu

In an oft-told, but perhaps apocryphal, story, a student of Sigmund Freud, the father of psychoanalysis, asked Freud the significance of his fondness for cigars. Freud allegedly responded that “[s]ometimes a cigar is just a cigar,” suggesting that some things … Continue reading

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

Notes on the Margins of Lawyering, In Three and a Half Minutes

Mitu Gulati and Robert E. Scott have given us a wonderful study. They tell us about how elite lawyers practice law, and they tell us about the transformation of the process of producing all of the standard form contract terms that govern so … Continue reading

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

Sticky Forms, Property Rights, and Law

Mitu Gulati and Robert E. Scott have written a fascinating study that touches on some of the most important issues in lawyering and law. A Belgian court rendered a judgment that highlights a significant risk in a common sovereign bond … Continue reading

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

The Three and a Half Minute Transaction: Boilerplate and the Limits of Contract Design

Last fall we gave a faculty workshop at the Hofstra University School of Law on an early version of our book manuscript, The Three and a Half Minute Transaction. The resulting debate was lively and the discussion ranged over a … Continue reading

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

The Bankruptcy Ladder of Priorities and the Inequalities of Life

The excellent work, The Three and a Half Minute Transaction, raises some profound and intriguing questions about the documentation of some of the world’s largest and most important transactions by far and about what lawyers actually do. This Article raises … Continue reading

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