The Myth Of Contracts Being Written Based Upon Settled Law

A Colorado Supreme Court case decided today is a blow to the widely promulgated myth that important systemically used contracts have the lan...

Multi-jurisdictional Litigation Is Surprisingly Common

Nearly 40 percent of the civil cases currently pending in federal court—now over 130,000—are part of a multidistrict litigation, or MDL. Fro...

Novel Remedies

Judges have a pretty narrow range of options in resolving cases. What if there were additional options for them such as the following? * Wha...

SCOTUS Provides Sweeping Protection To Human Rights Violating Corporations

The U.S. Supreme Court has provided sweeping immunity from all Alien Tort Statute lawsuits for suits against corporations not incorporated i...

Judges Still Hate Foreign Asset Protection Trusts

A March 2018 case out of a federal court in Nevada illustrates the recurring reality that judges do not think highly of people who try to s...

Formalities In Private Law

The law has a variety of formalities that would be better off dispensed with. "Real Documents" Most legal documents are evidence o...

Stray Bankruptcy and Insovlency Ideas

I've noted some of these things before, but I'm jotting down some stray ideas on bankruptcy and insolvency law reform in one play wi...