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Antitrust Harm and Causation

Introduction This article addresses a question at the core of antitrust enforcement: how should government enforcers or other plaintiffs identify and address harm from antitrust violations? The inquiry naturally breaks into three issues: proof of the kind of harm that antitrust law requires, proof of causation, and formulation of effective remedies. The best criterion forContinue reading “Antitrust Harm and Causation”

Insuring the ‘Uninsurable’: Catastrophe Bonds, Pandemics, and Risk Securitization

ABSTRACT In principle, governments could protect against the potential economic devastation of future pandemics by requiring businesses to insure against pandemic-related risks. In practice, though, insurers do not currently offer pandemic insurance. Although they may well be able to obtain sufficient actuarial data to set pandemic underwriting standards and rate tables, insurers are concerned thatContinue reading “Insuring the ‘Uninsurable’: Catastrophe Bonds, Pandemics, and Risk Securitization”

Stealth Governance: Shareholder Agreements and Private Ordering

ABSTRACT Corporate law has embraced private ordering—tailoring a firm’s corporate governance to meet its individual needs. Firms are increasingly adopting firm-specific governance through dual-class voting structures, forum selection provisions, and tailored limitations on the duty of loyalty. Courts have accepted these provisions as consistent with the contractual theory of the firm, and statutes, in manyContinue reading “Stealth Governance: Shareholder Agreements and Private Ordering”

A Duty of Loyalty for Privacy Law

ABSTRACT Data privacy law fails to stop companies from engaging in self-serving, opportunistic behavior at the expense of those who trust them with their data. This is a problem. Modern tech companies are so entrenched in our lives and have so much control over what we see and click that the self-dealing exploitation of peopleContinue reading “A Duty of Loyalty for Privacy Law”

MDMA and Psilocybin for Mental Health: Deconstructing the Controlled Substances Act’s Usage of “Currently Accepted Medical Use”

ABSTRACT MDMA and psilocybin are drugs that exhibit almost never-before-seen relief—including complete remission—from debilitating mental health disorders including Post Traumatic Stress Disorder (PTSD) and Treatment-resistant depression. Doctors, however, are unable to legally prescribe them outside of tightly-controlled research trial settings because of the drugs’ categorization under Schedule I of the Controlled Substances Act (CSA)—the Act’sContinue reading “MDMA and Psilocybin for Mental Health: Deconstructing the Controlled Substances Act’s Usage of “Currently Accepted Medical Use””

Boarding Up Vacancy with Statutory Solutions: Modifying the Partition Process for Heirs Property and Investing in Estate Planning Tools

Introduction: The Human Cost of Vacancy “Behind every vacant property there is a story,”[1] and that story represents a wickedly complex narrative. Consider the story of 900 N. Payson, a historic and tragic rowhouse located in Baltimore, Maryland.[2] This once-beautiful property was one of seventeen two-story rowhouses constructed on its street in West Baltimore inContinue reading “Boarding Up Vacancy with Statutory Solutions: Modifying the Partition Process for Heirs Property and Investing in Estate Planning Tools”

Lowball Rural Defense

Abstract Focus on the deleterious effects of the privatization of functions in both the criminal adjudicative system and criminal legal system has increased on both the scholarship and policymaking fronts. Much of this attention lately has been directed toward privatized police forces, privatized prisons, and even privatized prosecutors. As important as the examination of privatizationContinue reading “Lowball Rural Defense”