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The New Stock Market: Law, Economics, and Policy
Merritt B. Fox, Lawrence R. Glosten, and Gabriel V. Rauterberg 2019
The U.S. stock market has been transformed over the last twenty-five years. Once a market in which human beings traded at human speeds, it is now an electronic market pervaded by algorithmic trading, conducted at speeds nearing that of light. High-frequency traders participate in a large portion of all... (Read more)
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Repair: Redeeming the Promise of Abolition
Katherine M. Franke 2019
Katherine Franke makes a powerful case for reparations for Black Americans by amplifying the stories of formerly enslaved people and calling for repair of the damage caused by the legacy of American slavery. Repair invites readers to explore the historical context for reparations, offering a detailed account of the... (Read more)
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Legal Pathways to Deep Decarbonization in the United States
Michael B. Gerrard and John C. Dernbach 2019
Legal Pathways to Deep Decarbonization in the United States provides a “legal playbook” for deep decarbonization in the United States, identifying well over 1,000 legal options for enabling the United States to address one of the greatest problems facing this country and the rest of humanity.
The book is... (Read more)
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The Code of Capital: How the Law Creates Wealth and Inequality
Katharina Pistor 2019
Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the... (Read more)
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Impeachment: A Handbook
Charles F. Black Jr. and Philip Chase Bobbitt 2018
Originally published at the height of the Watergate crisis, Charles Black’s classic Impeachment: A Handbook has long been the premier guide to the subject of presidential impeachment. Now thoroughly updated with new chapters by Philip Bobbitt, it remains essential reading for every concerned citizen.
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Liberal Suppression: Section 501(c)(3) and the Taxation of Speech
Philip A. Hamburger 2018
In the course of exempting religious, educational, and charitable organizations from federal income tax, section 501(c)(3) of the Internal Revenue Code requires them to refrain from campaign speech and much speech to influence legislation. These speech restrictions have seemed merely technical adjustments, which prevent the political use of a... (Read more)
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The Counterrevolution: How Our Government Went to War Against Its Own Citizens
Bernard E. Harcourt 2018
A distinguished political theorist sounds the alarm about the counterinsurgency strategies used to govern Americans Militarized police officers with tanks and drones. Pervasive government surveillance and profiling. Social media that distract and track us. All of these, contends Bernard E. Harcourt, are facets of a new and radical governing... (Read more)
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Troubling Transparency: The History and Future of Freedom of Information
David Pozen and Michael Schudson 2018
Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement’s canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA... (Read more)
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Bankruptcy and the U.S. Supreme Court
Ronald J. Mann 2017
In this illuminating work, Ronald J. Mann offers readers a comprehensive study of bankruptcy cases in the Supreme Court of the United States. He provides detailed case studies based on the Justices' private papers on the most closely divided cases, statistical analysis of variation among the Justices in their... (Read more)
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Principles of Financial Regulation
John Armour, Dan Awrey, Paul Davies, Luca Enriques, Jeffrey N. Gordon, Colin Mayer, and Jennifer Payne 2016
The financial crisis of 2007-9 revealed serious failings in the regulation of financial institutions and markets, and prompted a fundamental reconsideration of the design of financial regulation. As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that... (Read more)
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The Burger Court and the Rise of the Judicial Right
Michael J. Graetz and Linda Greenhouse 2016
When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded... (Read more)
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Governing Access to Essential Resources
Katharina Pistor and Olivier De Schutter 2016
Essential resources do more than satisfy people's needs. They ensure a dignified existence. Since the competition for essential resources, particularly fresh water and arable land, is increasing and standard legal institutions, such as property rights and national border controls, are strangling access to resources for some while delivering prosperity... (Read more)
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Entrepreneurial Litigation: Its Rise, Fall, and Future
John C. Coffee Jr. 2015
Uniquely in the United States, lawyers litigate large cases on behalf of many claimants who could not afford to sue individually. In these class actions, attorneys act typically as risk-taking entrepreneurs, effectively hiring the client rather than acting as the client’s agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, such entrepreneurial litigation... (Read more)
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Wedlocked: The Perils of Marriage Equality
Katherine M. Franke 2015
The staggering string of victories by the gay rights movement’s campaign for marriage equality raises questions not only about how gay people have been able to successfully deploy marriage to elevate their social and legal reputation, but also what kind of freedom and equality the ability to marry can... (Read more)
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An Improbable Life
Michael I. Sovern 2014
Columbia University began the second half of the twentieth century in decline, bottoming out with the student riots of 1968. Yet by the close of the century, the institution had regained its stature as one of the greatest universities in the world
According to the New York Times, "If... (Read more)
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The Three and a Half Minute Transaction: Boilerplate and the Limits of Contract Design
Mitu Gulati and Robert E. Scott 2012
Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, until a novel judicial... (Read more)
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The Practice of Justice: A Theory of Lawyers' Ethics
William H. Simon 1998
Should a lawyer keep a client’s secrets even when disclosure would exculpate a person wrongly accused of a crime? To what extent should a lawyer exploit loopholes in ways that enable clients to gain unintended advantages? When can lawyers justifiably make procedural maneuvers that defeat substantive rights? The Practice... (Read more)
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