Vol. 117 No. 5


In memoriam

JACK GREENBERG: LIVING GREATLY IN THE LAW

John C. Coffee, Jr.*

In 1886, Oliver Wendell Holmes, Jr., then a Professor at Harvard Law School, gave a talk to the students of Harvard College, which included a much-quoted line: “I say—and I say no longer with any doubt—that a man may live greatly in the law . . . . [H]e may wreak himself upon life, may drink the bitter cup […]

Contracts
Article

CONTRACTING OUT OF THE FIDUCIARY DUTY OF LOYALTY: AN EMPIRICAL ANALYSIS OF CORPORATE OPPORTUNITY WAIVERS

Gabriel Rauterberg* & Eric Talley**

For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few “mandatory” rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the duty of loyalty: the corporate opportunities doctrine. Other states have since followed Delaware’s[...]

Community Policing
Symposium

THE PATH FORWARD: IMPROVING THE DYNAMICS OF COMMUNITY–POLICE RELATIONSHIPS TO ACHIEVE EFFECTIVE LAW ENFORCEMENT POLICIES

Tracey L. Meares*

Introduction In a world in which police understand themselves to be a bulwark against crime, having a good handle on crime data is critical. According to the best data available, crime has been steadily trending downward for the last few decades. There has been a national decline in crime, and the decline in New York […]

Community Policing
Symposium

UNDERSTANDING RECENT SPIKES AND LONGER TRENDS IN AMERICAN MURDERS

Jeffrey Fagan* & Daniel Richman**

Introduction On September 7, 2016, four of the nation’s newspapers of record weighed in on the connected crises in crime and policing. The New York Times revealed the tensions between the Mayor’s office in Chicago and several community and professional groups over a plan to overhaul Chicago’s police disciplinary board—a plan developed in the wake […]

Legal Theory
CLR Online

THE CATHEDRAL THROUGH THE LOOKING GLASS: A COMMENTARY ON DAGAN AND DORFMAN’S JUST RELATIONSHIPS

Benjamin C. Zipursky*

Introduction In their edifying and ambitious recent article Just Relationships, Professors Hanoch Dagan and Avihay Dorfman suggest that everyone before them has erred in their account of the distinction between public law and private law. Classic liberal scholars—a category meant to cover Thomas Hobbes and William Blackstone through the nineteenth century to Richard Epstein, Ernest […]