Category Archives: General

Susan Watson, ‘The Taxonomy of the Modern Company’

Abstract: Mystery is at the core of corporate law. The first question in corporate law is also the last: what is a company? It is a question that the legal philosopher HLA Hart (1983, 23) would prefer we did not ask, but given the centrality of companies to modern life, we cannot help ourselves as […]

Eric Chaffee, ‘The Origins of Corporate Social Responsibility’

Abstract: Although most corporate managers agree that engaging in socially responsible behavior is the correct thing for corporations to do, few can articulate a strong analytical foundation for this belief. The fact that engaging in this type of behavior may help to make corporations more profitable offers a partial reason for engaging in such behavior. […]

Carbone and Levit, ‘The Death of the Firm’

Abstract: This Article maintains that the decision in Burwell v Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the ‘death of the firm’ as a unit of legal analysis in which business entities are treated as more than the sum of […]

Lewinsohn-Zamir, Ritov and Kogut, ‘Law and Identifiability’

Abstract: Psychological studies have shown that people react either more generously or more punitively toward identified individuals than toward unidentified ones. This phenomenon, named the identifiability effect, has received little attention in the legal literature, despite its importance for the law. As a prime example, while legislators typically craft rules that would apply to unidentified […]

ME Newhouse, ‘Two Types of Legal Wrongdoing’

Abstract: This article proposes a two-standard interpretation of Immanuel Kant’s Universal Principle of Right that tracks the two ways – civil and criminal – in which actions can be legally wrong. This article demonstrates in three ways that the principle is a plausible and resilient account of the essential distinction between civil and criminal wrongdoing. […]

Logue and Baker, ‘In Defense of the Restatement of Liability Insurance Law’

Abstract: For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. The Restatement of the Law Liability Insurance is the American Law Institute’s first effort to ‘restate’ the common law governing such liability insurance policies, and we are the reporters. In a recent […]

Jeremiah Ho, ‘Law as Instrumentality’

Abstract: Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law – from legal realism to critical legal studies movements and postmodernism – the formalist conception of ‘law as science’, as promulgated by Christopher Langdell at Harvard Law School […]

‘Is there such a thing as “European Private Law”?’

“Is there such a thing as ‘European private law’? In my opinion there is not, just as there is no Dutch, French, English, or Chinese private law. Let me explain. Legal rules, including rules of private law, have many characteristics. They have a content, a scope, many of them were created by some agent, and […]

‘Legal Innovations, Long-term Investments and the Birth of the Corporation’

“For the last several decades, organizational law has been predominantly viewed as a menu of default contractual clauses that, as with contracts more generally, can be adapted to the needs of each specific organization. This view, which originated in economics, has permeated legal scholarship and kept the focus on contracts rather than law. However, recent […]

Ted Sichelman, ‘Very Tight “Bundles of Sticks”: Hohfeld’s Complex Jural Relations’

Abstract: The preeminant legal theorist, Wesley Hohfeld, began his landmark 1913 article, Some Fundamental Legal Conceptions as Applied in Judicial Reasoning, by impugning existing analytical treatments of trusts, yet noticeably never fully explained his own view of trusts as a ‘complex aggregate’ of ‘fundamental’ relations. In the last footnote to the article, Hohfeld stated that […]