Treating Medical Malpractice Claims under a Variant of the Business Judgment Rule

There have been many many, many proposals to use Russia’s frozen assets to help Ukraine. Russia’s invasion violated international law; reparations are...

Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...

President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.

“If...

After several years of dramatic growth, ESG investing seems to have entered a period of retrenchment.  While it is impossible to predict the future...

Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...

Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...

Three established torts require the defendant’s behavior to be “offensive” or “highly offensive” in order to be actionable: offensive battery, public...

This paper, prepared for the 2023 Clifford Symposium on “New Torts” at DePaul Law School, addresses the tort of offensive battery. This is an ancient...

An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...

Hot Flash: How Understanding Menopause Can Improve Life and Law for Everyone dissolves the silence and stigma surrounding menopause. The book frames...

During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...

This essay explores the regulation of sperm donation from a reproductive justice perspective. It compares formal sperm donation, which involves...

We examine the legal terms in the market for green bonds, debt instruments in which proceeds are earmarked, directly or indirectly, for projects with...

The SEC mandates that public companies assess new information that changes the risks that they face and disclose these if there has been a “material”...

It has long been said that the common law "works itself pure" But in the law of torts, not always. This Article reveals and analyzes the...

Consequential damages have been a cornerstone of contract doctrine since the broken crankshaft in Hadley v. Baxendale. And the Hadley rule is one of...

In this article, we examine the relations between risk, the choice of foreign or local contract terms (parameters), and maturity in the sovereign debt...

Engaging New Cases: The book uses fresh, timely cases in agency and partnership to show how business law is relevant in a variety of practices...