Laboratories of Extraterritoriality

Abstract. With the effective demise of the Alien Tort Statute (“ATS”), state law is widely expected to play an expanded role in international human rights litigation. . . .

Demystifying Reliance Interests in Judicial Review of Regulatory Change

Although the United States Supreme Court instructs that a court reviewing agency decisions is required to consider any reliance interests that have been engendered, the high court has not always followed its own instruction. When the Supreme Court has considered reliance interests . . .

Mandatory Arbitration and the Boundaries of Corporate Law

A storm is brewing on the corporate law horizon. Several recent judicial developments, which this Article ties together for the first time, present the most refined opportunity yet for mandatory arbitration—today prevalent in consumer and employment contracts—to enter the corporate law . . .